Taxes Management Act 1970

SCHEDULES

SCHEDULE 1 U.K. M1 FORMS OF DECLARATIONS

Marginal Citations

M1 1964(M) Sch.1; 1965 Sch.X 16.

PART I U.K. GENERAL AND SPECIAL COMMISSIONERS AND OTHERS

“I, A.B., do solemnly declare that I will impartially and to the best of my ability execute [the duties of my office F1 ] and that I will not disclose any information received by me in the execution of [those duties F1 ] except for the purposes of [those duties F1 ] or for the purposes of any prosecution for an offence relating to [inland revenue F1 ] or in such other cases as may be required by law.”

Textual Amendments

F1 Finance Act 1975 s.57(2)(3)but not so as to invalidate declarations made before the passing of that Act.

PART II U.K. COMMISSIONERS OF INLAND REVENUE

“I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of my duties except for the purposes of those duties or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”

PART III U.K. INSPECTORS, COLLECTORS AND OTHER OFFICERS

“I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of the duties which may from time to time be assigned to me by the Board of Inland Revenue except for the purposes of my duties, or to the Board of Inland Revenue or in accordance with their instructions, or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”

SCHEDULE 2 U.K. JURISDICTION IN APPEALS ON CLAIMS

Appeal from inspector U.K.

1 M2 (1) Except as otherwise provided by the following provisions of this Schedule, or any other provision of the Taxes Acts, an appeal against the decision of an inspector on a claim shall lie to the General Commissioners, but the appellant may elect to bring the appeal before the Special Commissioners instead of the General Commissioners. U.K.

[(1A) An election under sub-paragraph (1) above shall be disregarded if—

(a) the appellant and the inspector or other officer of the Board agree in writing, at any time before the determination of the appeal, that it is to be disregarded; or

(b) the General Commissioners have given a direction under sub-paragraph (1C) below and have not revoked it.

(1B) At any time before the determination of an appeal in respect of which an election has been made under sub-paragraph (1) above, the inspector or other officer of the Board after giving notice to the appellant may refer the election to the General Commissioners.

(1C) On any such reference the Commissioners shall, unless they are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, direct that the election be disregarded.

(1D) If, at any time after the giving of a direction under sub-paragraph (1C) above (but before the determination of the appeal) the General Commissioners are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, they shall revoke the direction.

(1E) Any decision to give a direction under sub-paragraph (1C) or revoke such a direction under sub-paragraph (1D) above shall be final F2 .]

M3 (2) If an appeal to either body of Commissioners is pending against an assessment on the appellant which relates to the same source of income as that to which the claim relates, the appeal on the claim shall lie to that body of Commissioners.

Textual Amendments

F2 Finance Act 1984 s.127andSch.22 para.3(2)from1January1985. S.I. 1984 No.1836 (C.45)—commencement order (not reproduced).

Marginal Citations

M2 1964(M) s.9(4), Sch.II; 1969 Sch.XX 21(2).

M3 1964(M) s.9(3); 1969 Sch.XX 21(2).

2 M4 (1) Appeal from a decision of an inspector on a claim under any provision in column 1 of the Table below shall be to the General Commissioners, and paragraph 1 of this Schedule shall not apply. U.K.

(2) An appeal from a decision of an inspector on a claim under any provision in column 2 of the said Table shall be to the Special Commissioners, and paragraph 1 of this Schedule shall not apply.

TABLE

1	2
Appeal exclusively to General Commissioners	Appeal exclusively to Special Commissioners
In the principal Act—	In the principal Act—
Chapter [I of Part VII F3 ]	section [121(1), (2) F3 ]
section [351(5) F3 ]	section 310
Schedule [2 F3 ]	section 311 F4
	section [441(3) F3 ]
	section [459 F3 ]
	section [460 F3 ]
	section [467 F3 ]
	section [484 F3 ]
	section [527 F3 ]
	section [534 F3 ]
	section [536 F3 ]
	section [538 F3 ]
	Chapter I of Part XVIII

Textual Amendments

F3 Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F4 Repealed by Income and Corporation Taxes Act 1988 s. 844and Sch. 31.

Marginal Citations

M4 1964(M) Sch.II; 1969 s.13(1).

Appeal from Board U.K.

M5 3 U.K. Except as otherwise provided by any provision of the Taxes Acts, an appeal against the decision of the Board on a claim shall lie to the Special Commissioners.

Marginal Citations

M5 1964 (M) Sch.II.

Section 44.

SCHEDULE 3 U.K. M6 RULES FOR ASSIGNING PROCEEDINGS TO COMMISSIONERS

Marginal Citations

M6 1964(M) Sch. 3.

Description of proceedings	Place given by these rules
Income tax and capital gains tax
1. An appeal against an assessment under Case I or Case II of Schedule D.	The place where the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated.
2. Any other proceedings relating to a trade, profession or vocation the profits of which are assessable under Case I or Case II of Schedule D, or would be so assessable if there were any.
3. An appeal against an assessment under Schedule E and any appeal in exercise of a right conferred by regulations under section [F5 203] of the principal Act F6 (pay as you earn).	Subject to the right of election for place of residence, the place of employment or such other place as may be assigned instead by regulations under section [F5 203] of the principal Act F6 .
4.An appeal against an assessment under Schedule B andF7 any proceedings concerning the annual value of land.	The place where the property is situated.
[5. An appeal against an assessment under Schedule A or under Schedule D, other than Cases I and II. An appeal against an assessment charging income tax at a rate other than the basic rate on income from which income tax has been deducted (otherwise than under section [F5 203]] of the principal Act) or from or on which income tax is treated as having been deducted or paid or income chargeable under Schedule F. An appeal against an assessment to capital gains tax. [F8 An appeal against a determination under section 88 of this Act F8 .] Proceedings for a penalty under [F9 section 100C or an appeal under section 100B against the determination of a penalty F9 ]of this Act.	[If the appellant or other party to the proceedings (not being an inspector or the Board) is carrying on a trade, profession or vocation, then, subject (in the case of an appeal) to the right of election for place of residence, the place in which the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated. If the appellant or other party is employed and does not carry on a trade, profession or vocation, then, subject (in the case of an appeal) to the right of election for place of residence, the place of employment. In any other case, the place where the appellant or other party ordinarily resides F10 .]
5A. . . . F11
[5B. An appeal against the decision of an inspector under section [F5 159 of the principal Act]].	[F12 The place where the employees concerned (or most of them) are employed F12 .]
6. Any proceedings under the Income Tax Acts not covered by the preceding rules. Any proceedings[[1965 Sch.X 1(1); 1969 Sch.XX 21(4).]] relating to capital gains tax not covered by rule 5.	The place where the appellant or other party to the proceedings (not being an inspector or the Board) ordinarily [F13 resides F13 .] . . . F14
Corporation tax, etc.
7. Proceedings[[1966 Sch.VI 12(2)(3).]] which relate to corporation tax. Proceedings which relate to income tax, but to which a company resident in the United Kingdom and within the charge to corporation tax is a party.	The place where the company or other body concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides.
8. Proceedings relating to tax assessable under [F5 sections 419 and 20], . . . F15 of the principal Act [F5 or relating to a notice under paragraph [F16 13 of Schedule 19 to the principal Act]].	The Place where the company concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides.

Textual Amendments

F5 Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F6 SeeIncome Tax (Employments) Regulations 1973 (S.I. 1973 No.334) regn.10(3)—appeal against coding—andregn.48(3)—appeal against assessment underSch.E (inPart III Vol.5).

F7 Repealed by Finance Act 1988 s. 148and Sch. 14 Part Vwith effect from 6 April 1988.

F8 Finance Act 1989 s. 160(6).

F9 Finance Act 1989 s. 168(8).Previously

“section 100(4)”.

F10 Finance (No. 2) Act 1975 s.66(2)in relation to appeals and proceedings after31July1975.

F11 A development land tax provision added byDevelopment Land Tax Act 1976 Sch.8 para.34. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.

F12 Finance Act 1976 Sch.9 para.11for1977—78et seq.

F13 Finance (No. 2) Act 1975 s.66(3)in relation to proceedings after31July1975.

F14 Words omitted repealed byFinance (No. 2) Act 1975 s.75andSch.14 Part IVwith effect from1August1975.

F15 Words omitted repealed byFinance Act 1972 ss.111and134, Sch.24 para.14andSch.28 Part VIfor1973—74et seq.

F16 Finance Act 1972 s.111andSch.24 para.14for1973—74et seq.

Modifications etc. (not altering text)

C1 Sch. 3 para. 3 applied (6.4.1993) by S.I. 1993/744, reg. 11(3)

Rules 3 and 5 have effect subject to rule 4 above.

Rules 7 and 8 have effect to the exclusion of any other rules.

Where under rules 3 and 5 above a right of election for the place of residence is provided in column 2 above, the appellant may, by notice in writing to the inspector or the Board (given not later than the notice of appeal), elect for the place where he ordinarily [F17 resides].

Textual Amendments

F17 Finance (No.2) Act 1975 s.66(3), (4)in relation to appeals and proceedings after31July1975.

[F17 If the place given by any of the rules in this Schedule is outside the United Kingdom, the Board may give directions, which may be either general or addressed to a particular occasion, to meet the case F17 .]

The rules in this Schedule have effect subject to sections [F18 102, 113(5), 263(5) and (6), 343(10) and 783(9) of the principal Act, to paragraph 22 of Schedule 7 to the Income and Corporation Taxes Act 1970] and to [F19 section 151 of the Capital Allowances Act 1990] (all of which relate to proceedings to which more than one taxpayer may be a party) and to any other express provisions in the Taxes Acts.

Textual Amendments

F18 Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F19 Finance Act 1990 s. 164and Sch. 1 para. 1(4).Previously

“section 81 of the Capital Allowances Act 1968”.

Yn ddilys o 11/07/2019

Section 59FB

[F20 SCHEDULE 3ZC U.K. CT Payment plans for tax on certain transactions with EEA residents

Textual Amendments

F20 Sch. 3ZC inserted (retrospective and with effect in accordance with Sch. 7 para. 4(1)(a) of the amending Act) by Finance Act 2020 (c. 14), Sch. 7 para. 2

Introduction U.K.

1 U.K. This Schedule makes provision enabling a company that is liable to pay qualifying corporation tax for an accounting period to defer payment of the tax by entering into a CT payment plan.

Qualifying corporation tax U.K.

2 (1) For the purposes of this Schedule a company is liable to pay qualifying corporation tax for an accounting period if CT1 is greater than CT2 where— U.K.

• CT1 is the corporation tax which the company is liable to pay for the accounting period, and

• CT2 is the corporation tax which the company would be liable to pay for the accounting period if any gains, credits, losses or debits arising in respect of qualifying transactions of the company were ignored.

(CT2 will be zero if the company would not be liable to pay any corporation tax for the period).

(2) The amount of qualifying corporation tax which the company is liable to pay is the difference between CT1 and CT2.

Qualifying transactions U.K.

3 (1) For the purposes of this Schedule each of the following is a qualifying transaction of a company (“the company concerned”)— U.K.

(a) a disposal within sub-paragraph (2),

(b) a transaction within sub-paragraph (3),

(c) a transaction within sub-paragraph (4), and

(d) a transfer within sub-paragraph (5).

(2) A disposal is within this sub-paragraph if—

(a) it is a disposal by the company concerned of an asset,

(b) it is a disposal to a company (“the transferee”) that at the time of the disposal is resident outside the United Kingdom in an EEA state, and

(c) it is a disposal to which section 139 or 171 of TCGA 1992 would apply were the transferee resident at the time of the disposal in the United Kingdom instead.

(3) A transaction is within this sub-paragraph if—

(a) it is a transaction, or the first in a series of transactions, as a result of which the company concerned is directly or indirectly replaced as a party to a loan relationship by another company (“the transferee”),

(b) at the time of the transaction the transferee is resident outside the United Kingdom in an EEA state, and

(c) it is a transaction to which section 340(3) of CTA 2009 would apply were the transferee resident at the time of the transaction in the United Kingdom instead.

(4) A transaction is within this sub-paragraph if—

(a) it is a transaction, or the first in a series of transactions, as a result of which the company concerned is directly or indirectly replaced as a party to a derivative contract by another company (“the transferee”),

(b) at the time of the transaction the transferee is resident outside the United Kingdom in an EEA state, and

(c) it is a transaction to which section 625(3) of CTA 2009 would apply were the transferee resident at the time of the transaction in the United Kingdom instead.

(5) A transfer is within this sub-paragraph if—

(a) it is a transfer from the company concerned of an intangible fixed asset,

(b) it is a transfer to a company (“the transferee”) that immediately after the transfer is resident outside the United Kingdom in an EEA state, and

(c) it is a transfer to which section 775(1) of CTA 2009 would apply were the transferee resident immediately after the transfer in the United Kingdom instead.

(6) In this Schedule “transferee”, in relation to a qualifying transaction of a company, means the transferee referred to in sub-paragraph (2), (3), (4) or (5) (as the case may be).

Eligibility to enter a CT payment plan U.K.

4 (1) A company that is liable to pay qualifying corporation tax for an accounting period may enter into a CT payment plan in respect of the tax in accordance with this Schedule. U.K.

(2) The CT payment plan may relate to—

(a) all of the qualifying corporation tax that the company is liable to pay for the accounting period, or

(b) only part of the qualifying corporation tax that the company is liable to pay for the accounting period.

(3) In this Schedule “deferred tax”, in relation to a CT payment plan, means the qualifying corporation tax to which the plan relates.

Application to enter a CT payment plan U.K.

5 U.K. A company that is liable to pay qualifying corporation tax for an accounting period may enter into a CT payment plan in respect of the tax only if—

(a) an application to enter into the plan is made to HMRC before the end of the period of 9 months beginning immediately after the accounting period, and

(b) the application contains details of all the matters which are required by paragraph 7 to be specified in the plan.

Modifications etc. (not altering text)

C2 Sch. 3ZC para. 5(a) modified (retrospective and with effect in accordance with Sch. 7 para. 4(1)(a) of the amending Act) by Finance Act 2020 (c. 14), Sch. 7 para. 4(2)

Entering into a CT payment plan U.K.

6 (1) A company enters into a CT payment plan if— U.K.

(a) the company agrees to pay, and an officer of Revenue and Customs agrees to accept payment of, the deferred tax in accordance with paragraphs 9 to 12,

(b) the company agrees to pay interest on the deferred tax in accordance with paragraph 8(3) and (5), and

(c) the plan meets the requirements of paragraph 7 as to the matters that must be specified in it.

(2) The CT payment plan may, in the circumstances mentioned in sub-paragraph (3), contain appropriate provision regarding security for HMRC in respect of the payment of the deferred tax.

(3) Those circumstances are where an officer of Revenue and Customs considers that agreeing to accept payment of the deferred tax in accordance with paragraphs 9 to 12 would present a serious risk as to collection of the tax in the absence of provision regarding security in respect of its payment.

(4) A CT payment plan is void if any information furnished by the company in connection with the plan does not fully and accurately disclose all facts and considerations material to the decision of the officer of Revenue and Customs to accept payment of the deferred tax in accordance with paragraphs 9 to 12.

Content of CT payment plan U.K.

7 (1) A CT payment plan entered into by a company must— U.K.

(a) specify the accounting period to which the plan relates (“the accounting period concerned”),

(b) specify the amount of qualifying corporation tax which, in the company's opinion, is payable by it in respect of the accounting period concerned,

(c) specify the amount of the deferred tax,

(d) identify each qualifying transaction of the company in respect of which gains or credits arose in the accounting period concerned, and

(e) specify in relation to each of those qualifying transactions—

(i) the name of the transferee,

(ii) the EEA state in which the transferee was resident at the time of the transaction, and

(iii) the amount of the deferred tax that is attributable to the transaction.

(2) The amount of the deferred tax that is attributable to a qualifying transaction of the company in respect of which a gain or credit arose in the accounting period concerned is—

where—

A is the gain or credit that arose in the accounting period concerned in respect of the qualifying transaction,

B is the total gains or credits that arose in the accounting period concerned in respect of all qualifying transactions of the company,

T is the amount of the deferred tax.

Effect of CT payment plan U.K.

8 (1) This paragraph applies where a CT payment plan is entered into by a company in accordance with this Schedule. U.K.

(2) As regards when the deferred tax is payable—

(a) the CT payment plan does not prevent the deferred tax becoming due and payable under section 59D or 59E, but

(b) the Commissioners for Her Majesty's Revenue and Customs—

(i) may not seek payment of the deferred tax otherwise than in accordance with paragraphs 9 to 12;

(ii) may make repayments in respect of any amount of the deferred tax paid, or any amount paid on account of the deferred tax, before the CT payment plan is entered into.

(3) As regards interest—

(a) the deferred tax carries interest in accordance with Part 9 as if the CT payment plan had not been entered into, and

(b) each time a payment is made in accordance with paragraphs 9 to 12, it is to be paid together with any interest payable on it.

(4) As regards penalties, the company will be liable to penalties for late payment of the deferred tax only if it fails to make payments in accordance with paragraphs 9 to 12 (see item 6ZAA of the Table at the end of paragraph 1 of Schedule 56 to the Finance Act 2009).

(5) Any of the deferred tax which is for the time being unpaid may be paid at any time before it becomes payable under paragraphs 9 to 12 together with interest payable on it to the date of payment.

The payment method: instalments U.K.

9 (1) Where a CT payment plan is entered into by a company, the deferred tax is due in 6 instalments of equal amounts as follows— U.K.

(a) the first instalment is due on the first day after the period of 9 months beginning immediately after the end of the accounting period to which the plan relates, and

(b) the other 5 instalments are due one on each of the first 5 anniversaries of that day.

(2) But see paragraphs 10 to 12 for circumstances in which all or part of the outstanding balance of the deferred tax becomes due otherwise than by those instalments.

The payment method: all of outstanding balance due U.K.

10 (1) Where at any time after a CT payment plan is entered into by a company an event mentioned in sub-paragraph (2) occurs the outstanding balance of the deferred tax is due on the date on which the next instalment of that tax would otherwise be due. U.K.

(2) The events are—

(a) the company becoming insolvent or entering administration;

(b) the appointment of a liquidator in respect of the company;

(c) an event under the law of a country or territory outside the United Kingdom corresponding to an event in paragraph (a) or (b);

(d) the company failing to pay any amount of the deferred tax for a period of 12 months after the date on which the amount becomes due;

(e) the company ceasing to be within the charge to corporation tax.

All of outstanding balance attributable to particular qualifying transaction due U.K.

11 (1) This paragraph applies where— U.K.

(a) a CT payment plan is entered into by a company,

(b) during the instalments period a trigger event occurs in relation to a qualifying transaction identified in the plan, and

(c) a trigger event has not previously occurred in relation to that qualifying transaction during the instalments period.

(2) A trigger event occurs in relation to a qualifying transaction if the transferee ceases to be resident in an EEA state and, on so ceasing, does not become resident another EEA state.

(3) A trigger event occurs in relation to a qualifying transaction if the company and the transferee cease to be members of the same group as one another.

(4) A trigger event occurs in relation to a qualifying transaction within sub-paragraph (2) or (5) of paragraph 3 if the transferee disposes of the asset that is the subject of the transaction.

(5) A trigger event occurs in relation to a qualifying transaction within sub-paragraph (3) or (4) of paragraph 3 if the transferee ceases to be a party to the loan relationship or derivative contract concerned.

(6) On the occurrence of the trigger event an amount of the deferred tax is due.

(7) The amount due is—

where—

“A” is the amount of the deferred tax that is attributable to the qualifying transaction (see paragraph 7(2)),

“B” is the amount of the deferred tax that has previously become due under paragraph 12 by reason of a partial trigger event occurring in relation to the qualifying transaction,

“O” is the amount of the deferred tax that is outstanding at the time of the trigger event, and

“T” is the amount of the deferred tax.

(8) In this paragraph “the instalments period” means the period—

(a) beginning with the time the CT payment plan is entered into, and

(b) ending with the day on which the final instalment of the deferred tax is due under paragraph 9.

Part of outstanding balance attributable to particular qualifying transaction due U.K.

12 (1) This paragraph applies where— U.K.

(a) a CT payment plan is entered into by a company,

(b) during the instalments period a partial trigger event occurs in relation to a qualifying transaction listed in the plan, and

(c) a trigger event has not previously occurred in relation to that qualifying transaction during the instalments period.

(2) A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (2) of paragraph 3 if the transferee disposes of part (but not all) of the asset that is the subject of the transaction.

Section 21(2)(b) of TCGA 1992 (meaning of part disposal of an asset) applies for the purposes of this sub-paragraph as it applies for the purposes of that Act.

(3) A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (3) or (4) of paragraph 3 if there is a disposal by the transferee of a right or liability under the loan relationship or derivative contract concerned which amounts to a related transaction (as defined in section 304 or 596 of CTA 2009 as the case may be).

(4) A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (5) of paragraph 3 if the transferee enters into a subsequent transaction which results in a reduction in the accounting value of the intangible fixed asset that is the subject of the qualifying transaction but does not result in the intangible fixed asset ceasing to be recognised in the transferee's balance sheet.

(5) In relation to an intangible fixed asset that has no balance sheet value (or no longer has a balance sheet value) sub-paragraph (4) applies as if, immediately before the subsequent transaction, it did have a balance sheet value.

(6) On the occurrence of the partial trigger event an amount of the deferred tax is due.

(7) The amount due is the amount that is just and reasonable having regard to the amount that would have been due had a trigger event occurred in relation to the qualifying transaction instead.

(8) In this paragraph “the instalments period” and “trigger event” have the same meaning as in paragraph 11.]

SCHEDULE 4 U.K. SAVINGS AND TRANSITORY PROVISIONS

Declaration of secrecy U.K.

1 M7 (1) Section 6(4) of this Act shall not apply to a person who, before 10th July 1964, made a declaration in any of the forms set out in Schedule 2 to the Income Tax Act 1952, or a declaration of secrecy in a form approved by the Board. U.K.

M8 (2) General or Special Commissioners or other persons who made declarations in the form in Part I of Schedule 1 to the Income Tax Management Act 1964, or in the form in Schedule 2 to the Income Tax Act 1952, before the coming into force of paragraph 16 of Schedule 10 to the Finance Act 1965 (which included in the form of declaration a reference to the new taxes imposed by that Act) shall be subject to the same obligations as to secrecy with respect to those taxes as they are subject to with respect to income tax.

(3) The repeals made by the principal Act shall not alter the effect or validity of any declaration made before the commencement of this Act.

Marginal Citations

M7 1964(M) Sch.V 3(2).

M8 1966 Sch. VI 12(5).

Information about interest paid or credited without deduction of tax by banks, etc. U.K.

M9 2 U.K. A notice served under section 29 of the Income Tax Act 1952 (re-enacted in section 17 of this Act) on the Postmaster General before 1st October 1969 shall, if it has not been complied with before that date, be deemed to have been served on the Director of Savings; and section 17(1) of this Act shall, in its application to the National Savings Bank, have effect as if the reference to interest paid or credited by the Director of Savings included, as regards any period before the said date, a reference to interest paid or credited by the Postmaster General to depositors.

Marginal Citations

M9 Post Office Act 1969 Sch. IX 21; SI 19669/1066.

Assessments U.K.

3 M10 (1) Section 36 of this Act shall not apply to tax for any year before the year 1936—37. U.K.

M11 (2) Section 41 of this Act shall not apply to any assessment signed before 6th April 1965.

Marginal Citations

M10 1952, s.528(3)(a).

M11 1964(M) s.17(4), Sch.V4.

Claims U.K.

4 (1) This paragraph has effect as respects relief under any enactment repealed by the principal Act, or repealed or terminated by any Act passed before that Act, so far as it remains in force after the commencement of this Act. U.K.

(2) Section 42 of this Act shall apply to any such relief in like manner as section 9 of the Income Tax Management Act 1964 would have applied but for the passing of this Act, and nothing in the repeals made by the principal Act shall affect any enactment determining whether the claim is made to the inspector or the Board, or the Commissioners to whom an appeal lies on the claim.

M12 5 U.K. An appeal, or other proceedings in the nature of an appeal, instituted on a claim, or proceedings in the nature of a claim, made before 6th April 1965 shall be continued before the same Commissioners notwithstanding that, under Schedule 2 to this Act or Schedule 2 to the Income Tax Management Act 1964, an appeal on the claim should have been made to some other Commissioners.

Marginal Citations

M12 1964(M) s.17(4), Sch.V 7(1).

6 M13 (1) Any relief obtainable under section 87(8) of the Finance Act 1965 (transitional relief for existing companies on cessation of trade) by way of discharge or repayment of tax shall be given on the making of a claim. U.K.

(2) After the making of such a claim in respect of a trade no notice as regards the trade shall be given or revoked under section 129 of the Income Tax Act 1952 or section 80(6) of the Finance Act 1965 (period of computation of profits for second and third years of trade).

Marginal Citations

M13 1966

Sch. VI 11(6).

Choice of Commissioners to hear proceedings U.K.

M14 7 U.K. Neither section 44 of this Act nor any other provision in this Act shall apply to an appeal against an assessment signed, claim made, or other proceedings instituted, before 6th April 1965 so as to require the proceedings to be heard by Commissioners other than those who would have heard the proceedings if the Income Tax Management Act 1964 had not passed.

Marginal Citations

M14 1964(M) s.17(4), Sch.V 8.

Settling of appeals by agreement U.K.

M15 8 U.K. . . . F21

Textual Amendments

F21 Sch. 4 para. 8 repealed by Finance Act 1982 (c. 39), s.157, Sch.22 Part X.

Marginal Citations

M15 1967

s. 15(5).

Interest on tax U.K.

M16 9 (1) . . . F22 U.K.

M17 (2) For the purposes of section 88 of thisAct the due date for payment of so much of any surtax for the year 1965—66 as is attributable to subsection (1) of the said section 15 shall be taken to be 1st September 1967, instead of 1st January 1967.

Textual Amendments

F22 Sch. 4 para. 9(1) repealed by Finance (No.2) Act 1975 (c. 45), s. 75, Sch.14 Part III in relation to tax charged by assessments notice of which was issued after 31 July 1975.

Marginal Citations

M16 1967 s.15(5).

M17 1967 s. 15(4).

Penalties, etc. U.K.

10 U.K. Section 98 of this Act shall have effect as if the Table contained in it (columns 1 and 2 of which correspond respectively to columns 2 and 3 of Schedule 6 to the Finance Act 1960) included, in the appropriate column, so far as they remained in force, the enactments and regulations mentioned in or added to the said Schedule 6 which were repealed or terminated by any Act passed before this Act.

M18 11 U.K. Section 103(2) of this Act shall not apply to tax for any year before the year 1936—37.

Marginal Citations

M18 1952 s. 523(3)(a).

12 U.K. The repeals made by the principal Act shall not affect proceedings for any offence punishable under section 505 of the Income Tax Act 1952 and committed before the repeal of the said section 505 by the Theft Act 1968, or, in Northern Ireland, by the Theft Act (Northern Ireland) 1969.

Northern Ireland U.K.

M19 13 U.K. . . . F23

Textual Amendments

F23 Sch. 4 para. 13 repealed by Judicature (Northern Ireland) Act 1978 (c.23), s.122, Sch.7 on and after 18 April 1979; S.I. 1978/422.

Marginal Citations

M19 1964(M) Sch. V 10.

14 U.K. Part V of this Act, and the repeal by the principal Act of the provisions corresponding to Part V of this Act, shall not apply to proceedings falling within paragraph 10(1) of Schedule 5 to the Income Tax Management Act 1964 (assessments, etc. for 1964—65 and earlier years).