Taxes Consolidation Act 1997 section 817RC

Duties of intermediary

Section 817RC sets out the obligations of intermediaries to make returns of specified information in respect of reportable cross-border arrangements, including filing deadlines, exemptions from filing, and the treatment of legal professional privilege.

• A "designing" intermediary must file within 30 days of the arrangement being made available or ready for implementation, or the first step being taken, whichever is earliest; a "knowing" intermediary must file within 30 days of providing the relevant aid, assistance or advice
• Where the arrangement is a marketable arrangement, the intermediary must state this in the return and amend the return every three months with any new information on participants, implementation dates and affected Member States
• An intermediary is exempt from filing where another intermediary has already reported all of the specified information to Revenue or to the competent authority of another Member State, provided written confirmation and the arrangement reference number are received
• Where legal professional privilege applies, the intermediary is exempt from disclosing the privileged information but must notify the relevant taxpayer of their own filing obligations without delay