Taxes Management Act 1970

Changes over time for: Cross Heading: Interpretation

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InterpretationU.K.

118 Interpretation. E+W+N.I.

(1)In this Act, unless the context otherwise requires—

“Act” includes an Act of the Parliament of Northern Ireland and “enactment” shall be construed accordingly,
“the Board” means the Commissioners of Inland Revenue,
“body of persons” means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate,
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“chargeable gain” has the same meaning as in F2[the [F31992 Act]],
“chargeable period” means a year of assessment or a company’s accounting period,
“collector” means any collector of taxes,
“company” has the meaning given by [F4section 1121(1) of CTA 2010 (with section 617 of that Act)] F5... ,
[F6“CTA 2009” means the Corporation Tax Act 2009,]
[F7“CTA 2010” means the Corporation Tax Act 2010,]
F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9“HMRC” means Her Majesty’s Revenue and Customs;]
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“inspector” means any inspector of taxes,
[F11“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,]
[F12“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005,]
[F13“ITA 2007” means the Income Tax Act 2007,]
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16“partner” is to be construed in accordance with section 12AA(10B) of this Act;]
[F17“partnership return” has the meaning given by section 12AA(10A) of this Act,]
“the principal Act” means the Income and Corporation Taxes Act F18[1988],
[F19“the relevant trustees”, in relation to a settlement, shall be construed in accordance with section 7(9) of this Act.]
“return” includes any statement or declaration under the Taxes Acts,
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F21“successor”, in relation to a person who is required to make and deliver, or has made and delivered, [F22a partnership return], and “predecessor” and “successor”, in relation to the successor of such a person, shall be construed in accordance with section 12AA(11) of this Act;]
“tax”, where neither income tax nor capital gains tax nor corporation tax F23[nor development land tax] is specified, means any of those taxes F24... ,
“the Taxes Acts” means this Act and—
(a)
the Tax Acts F25... and

(b)
[F26the Taxation of Chargeable Gains Act 1992] and all other enactments relating to capital gains tax,
(c)
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F28“the 1992 Act ” means the Taxation of Chargeable Gains Act 1992]
[F29“TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010,]
[F9“the TCEA 2007” means the Tribunals, Courts and Enforcement Act 2007;]
“trade” includes every trade, manufacture, adventure or concern in the nature of trade .
[F9“the tribunal” is to be read in accordance with section 47C;]

(2)For the purposes of this Act, a person shall be deemed not to have failed to do anything required to be done within a limited time if he did it within such further time, if any, as the Board or the [F30tribunal] or officer concerned may have allowed; and where a person had a reasonable excuse for not doing anything required to be done he shall be deemed F31[not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed] not to have failed to do it if he did it without unreasonable delay after the excuse had ceased:

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this Act, the amount of tax covered by any assessment shall not be deemed to be finally determined until that assessment can no longer be varied, whether by [F34the tribunal on an appeal notified to it] or by the order of any court.

[F35(5)For the purposes of this Act a loss of tax or a situation is brought about carelessly by a person if the person fails to take reasonable care to avoid bringing about that loss or situation.

(6)Where—

(a)information is provided to Her Majesty's Revenue and Customs,

(b)the person who provided the information, or the person on whose behalf the information was provided, discovers some time later that the information was inaccurate, and

(c)that person fails to take reasonable steps to inform Her Majesty's Revenue and Customs,

any loss of tax or situation brought about by the inaccuracy shall be treated for the purposes of this Act as having been brought about carelessly by that person.

(7)In this Act references to a loss of tax or a situation brought about deliberately by a person include a loss of tax or a situation that arises as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.]

Textual Amendments

F1Words in s. 118(1) repealed (with effect in accordance with Sch. 43 Pt. 3(6) Note of the amending Act) by Finance Act 2003 (c. 14), Sch. 43 Pt. 3(6)

F2Capital Gains Tax Act 1979 (c. 14), s.157(2), Sch.7 para.8 for 1979—80 et seq.

F3Words in s. 118(1) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10, para. 2(11)(a) (with ss. 60, 101(1), 171, 201(3))

F4Words in s. 118(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 159(a) (with Sch. 2)

F5 Words omitted related to development land tax. Development Land Tax Act 1976 repealed by Finance Act 1985 (c. 54), s.98(6), Sch.27 Part X

F6Words in s. 118 inserted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 309 (with Sch. 2 Pts. 1, 2)

F7Words in s. 118(1) inserted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 159(b) (with Sch. 2)

F8Words in s. 118(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 51(2)(a)

F9Words in s. 118(1) inserted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 51(3)

F10Words in s. 118(1) omitted (with effect in accordance with s. 222(5) of the amending Act) by virtue of Finance Act 2012 (c. 14), s. 222(4)(a)

F11S. 118 entry inserted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 139 (with Sch. 7)

F12Words in s. 118(1) inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 380 (with Sch. 2)

F13Words in s. 118(1) inserted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 263(b) (with Sch. 2)

F14Words in s. 118 repealed by Finance Act 1989 (c. 26), s. 187, Sch. 17 Part VIII (but does not affect the making of assessments for years before 1983-84 or accounting periods ending before 1 April 1983)

F15Words in s. 118 omitted (with effect in accordance with Sch. 2 para. 32(1) of the amending Act) by virtue of Finance Act 2019 (c. 1), Sch. 2 para. 25(15)

F16Words in s. 118(1) inserted (with effect in accordance with Sch. 6 para. 4(3) of the amending Act) by Finance Act 2018 (c. 3), Sch. 6 para. 3(3)

F17Words in s. 118(1) inserted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 33(2)

F18Income and Corporation Taxes Act 1988 (c. 1), Sch. 29 para. 32.

F19Words in s. 118 inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 103(6)

F20Words in s. 118(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 51(2)(b)

F21Words in s. 118(1) substituted (with effect in accordance with s. 121(8) of the amending Act) by Finance Act 1996 (c. 8), s. 123(14)

F22Words in s. 118(1) substituted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 33(3)

F23Development Land Tax Act 1976 s.41, Sch.8 para. 32. Repealed by Finance Act 1985 (c. 54), s.98(6), Sch.27 Part X in respect of disposals taking place on or after 19 March 1985.

F24Words in s. 118 omitted (1.4.2013) by virtue of Finance Act 2012 (c. 14), s. 223, Sch. 38 para. 50 (with Sch. 38 para. 43); S.I. 2013/279, art. 2

F25Repealed by Income and Corporation Taxes Act 1988 (c. 1), s. 844, Sch. 31

F26Words in s. 118(1)(b) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by virtue of Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10, para. 2(11)(b) (with ss. 60, 101(1), 171, 201(3))

F27 A development land tax provision added by Development Land Tax Act 1976 Sch.8 para.32. Development Land Tax Act 1976 repealed by Finance Act 1985 (c. 54), s.98(6), Sch.27 Part X.

F28Definition in s. 118(1)(b) inserted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10, para. 2(11)(c) (with ss. 60, 101(1), 171, 201(3))

F29Words in s. 118(1) inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 314 (with Sch. 9 paras. 1-9, 22)

F30Word in s. 118(2) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 51(4)

F31Finance (No. 2) Act 1987 (c. 51), s. 94.

F32 S. 118(2) proviso repealed by Finance Act 1970 s.36(8), Sch.8 Part VII.

F33S. 118(3) repealed (with effect in accordance with s. 199(2)(3), Sch. 19 para. 34(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 34(2), Sch. 26 Pt. 5(23); S.I. 1998/3173, art. 2

F34Words in s. 118(4) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 51(5)

F35S. 118(5)-(7) inserted (1.4.2010) by Finance Act 2008 (c. 9), s. 118(2), Sch. 39 para. 15; S.I. 2009/403, art. 2(2) (with art. 10)

Modifications etc. (not altering text)

C1 S. 118(1)(2) applied (with modifications) by the Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1)

S. 118(1)-(3) applied by Finance Act 1981 (c. 35), s. 134, Sch.17 para.18 (special tax on banking deposits).

C2S. 118(1) applied (with modifications) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/2537), regs. 1(1), 3(1), Sch. Pt. I

C3S. 118(1) applied (with modifications) (11.6.2004) by The Stamp Duty Land Tax (Appeals) Regulations 2004 (S.I. 2004/1363), regs. 1, 25(2)

C4 S. 118(1) applied in part by Income and Corporation Taxes Act 1988 (c. 1), s. 754(9)

C5S. 118(2)(4) applied (with modifications) (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 18

C6S. 118(2) applied (E.W.S.) (8.12.2002) by Employment Act 2002 (c. 22), ss. 11(7), 55(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

C7S. 118(2) applied (N.I.) (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 12(7); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2

C8S. 118(2) applied by Social Security Administration (Northern Ireland) Act 1992 (c. 8), s. 107A(7) (as inserted (6.4.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), ss. 10(5), 13; S.I. 2004/1943, art. 4(d))