Section 18 — Finance Act 2014: Employment intermediaries: information powers and related penalties

Employment intermediaries: information powers and related penalties 18 1 After section 716A of ITEPA 2003 insert— Employment intermediaries: information powers Employment intermediaries to keep, preserve and provide information etc 716B 1 For purposes connected with Chapter 7 of Part 2 (treatment of workers supplied by agencies) or Part 11 (PAYE), the Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for, or in connection with, requiring a specified employment intermediary—

a to keep and preserve specified information, records or documents for a specified period;

b to provide Her Majesty's Revenue and Customs with specified information, records or documents within a specified period or at specified times.

2 An “employment intermediary” is a person who makes arrangements under or in consequence of which—

a an individual works, or is to work, for a third person, or b an individual is, or is to be, remunerated for work done for a third person.

3 For the purposes of subsection (2), an individual works for a person if—

a the individual performs any duties of an employment for that person (whether or not the individual is employed by that person), or b the individual provides, or is involved in the provision of, a service to that person.

4 In subsection (1) “ specified ” means specified or described in regulations made under this section.

5 Regulations under this section may—

a make different provision for different cases or different purposes, and b make incidental, consequential, supplementary or transitional provision or savings.

2 Section 98 of TMA 1970 (penalties: special returns etc) is amended as follows.

3 After subsection (4E) insert— 4F If a person fails to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003, subsection (1) has effect as if—

a for “£300” there were substituted “ £3,000 ” , and b for “£60” there were substituted “ £600 ” .

4 In the second column of the Table, at the appropriate place insert “ Regulations under section 716B of ITEPA 2003. ” .

5 The amendments made subsections (2) to (4) have effect from such day as the Treasury may appoint by order made by statutory instrument.