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The Platform Operators (Due Diligence and Reporting Requirements) (Amendment) Regulations 2024

Type Statutory-Instrument

Publication 2024-10-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

Made: 31st October 2024

Laid before the House of Commons: 4th November 2024

Coming into force: 25th November 2024

The Treasury make the following Regulations in exercise of the powers conferred by section 349 of the Finance (No. 2) Act 2023[^f00001].

Citation and commencement

1

These Regulations may be cited as the Platform Operators (Due Diligence and Reporting Requirements) (Amendment) Regulations 2024 and come into force on 25th November 2024.

Amendments to the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023

2

(1) The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023[^f00002] are amended as follows.

(2) In regulation 2 (interpretation), omit paragraph (4)(g).

(3) In regulation 4 (reporting of information)—

(a) in paragraph (5)(a)(ii), at the beginning insert “subject to paragraph (5A),”, and

(b) after paragraph (5) insert—

(5A) Where the condition in paragraph (5)(a)(ii) is met, the exemption from making a report in paragraph (5) does not apply if under section II(D)(1) of the model rules the reporting platform operator must consider the reportable seller resident in the United Kingdom.

(4) Omit regulation 10 (excluded sellers: proportional reduction of thresholds).

(5) In Schedule 1 (defined terms), omit the definition of “excluded seller”.

Signed

Jeff Smith — Taiwo Owatemi — Two of the Lords Commissioners of His Majesty’s Treasury — 31st October 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations amend the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023. Those Regulations make provision implementing the OECD (2020), Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy, OECD, Paris and the OECD (2021), Model Reporting Rules for Digital Platforms: Optional Module for Sale of Goods, OECD, Paris (together the “model rules”).

Regulation 4 is amended so that the reporting exemption in paragraph (5) does not apply where the condition in paragraph (5)(a)(ii) is met but the reporting platform operator must consider the reportable seller resident in the United Kingdom under section II(D)(1) of the model rules.

Regulation 10 is omitted to remove the proportional reduction of thresholds in the model rules in cases where the seller is registered on the platform for only part of a reportable period. Consequential amendments are made to regulation 2 and Schedule 1 to omit the definition of “excluded seller”.

A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins.

Footnotes

[^f00001]: 2023 c. 30.

[^f00002]: S.I. 2023/817.

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