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State aid measures in FB 2016

Finance Bill 2016 includes provisions for HMRC to require information on certain state aid issues so that the department can provide it to the European Commission, says Kelly Stricklin-Coutinho (39 Essex Chambers).

Budget 2016 included a tax information and impact note (TIIN) on state aid modernisation (see para 1.75 page 181 of the Overview of Tax Legislation and Rates (OOTLAR)). This proposal set out a measure designed to provide HMRC with additional powers to collect information on specified state aids and to share the information with the European Commission through a legal gateway. The TIIN referred to the European Commission’s state aid modernisation programme of 2012 (COM/2012/0209 final) (‘SAM’).

What’s proposed:

The TIIN notes that HMRC’s current information powers are ‘generally restricted for the purpose of checking a tax position for example checking the amount of the claim is correct or checking a tax position in a...

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