»Ê¹ÚÌåÓýapp

An intermediary is not defined in the regulations, so Regulation 2(2) applies so that the definition is taken from the Model Rules. »Ê¹ÚÌåÓýapp definition of intermediary in the Model Rules is at Rule 1.3.This reads:

“intermediary� means

(a) any person responsible for the design or marketing of a CRS Arrangement or Opaque Offshore Structure. (“Promoter�) and

(b) any person that provides Relevant Services in respect of a CRS Avoidance Arrangement or Opaque Offshore Structure in circumstances where the person providing such services could reasonably be expected to know that the Arrangement or Structure is a CRS Avoidance Arrangement or an Opaque Offshore Structure (“Service Providerâ€�) »Ê¹ÚÌåÓýapp standard of “reasonably expected to knowâ€� must be determined by reference to the Service Provider’s actual knowledge based on readily available information and the degree of expertise and understanding required to provide the Relevant Services.

»Ê¹ÚÌåÓýapp definition envisages two distinct types of intermediaries: those who design and market a CRS Arrangement or Opaque Offshore Structure (referred to as ‘promotersâ€�), and those who provide assistance or advice with respect to the design, marketing, implementing or organisation of a CRS Arrangement or Opaque Offshore Structure (referred to as ‘service providersâ€�). This is subject to an exclusion in certain circumstances for persons who are employees. For more information on this see IEIM721080.