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PART XIU.K. MISCELLANEOUS AND SUPPLEMENTAL

Modifications etc. (not altering text)

C1Pt. XI modified (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 18 para. 39(2)(a) (with Sch. 18 para. 59(2)); S.I. 1998/3173, art. 2

C2Pt. XI: power to apply conferred (with effect in accordance with s. 114(2) of the amending Act) by Finance Act 1999 (c. 16), Sch. 17 para. 17(b)

[F1SettlementsU.K.

Textual Amendments

F1S. 107A and cross-heading inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 103(5)

107A Relevant trustees.U.K.

(1)Subject to the following provisions of this section, anything which for the purposes of this Act is done at any time by or in relation to any one or more of the relevant trustees of a settlement shall be treated for those purposes as done at that time by or in relation to the other or others of those trustees.

(2)Subject to subsection (3) below, where the relevant trustees of a settlement are liable—

(a)to a penalty under section F2... 12B F3... F4... of this Act or paragraph 2A of Schedule 1A to this Act [F5or Schedule 24 to the Finance Act 2007] [F6or Schedule 41 to the Finance Act 2008] [F7or Schedule 55 to the Finance Act 2009], or to interest under [F8section 101 of the Finance Act 2009] on such a penalty;

(b)to make a payment in accordance with an assessment under section 30 of this Act, or to make a payment under section 59A or 59B of this Act;

[F9(c)to a penalty under Schedule 56 to the Finance Act 2009[F10, or to interest under section 101 of that Act on such a penalty;]; or]

(d)to interest under section 86 of this Act [F11or section 101 of the Finance Act 2009],

the penalty, [F12interest or payment] may be recovered (but only once) from any one or more of those trustees.

(3)No amount may be recovered by virtue of subsection (2)(a) or (c) above from a person who did not become a relevant trustee until after the relevant time, that is to say—

[F13(a)in relation to—

(i)a penalty under paragraph 4 of Schedule 55 to the Finance Act 2009 in respect of a return or other document falling within item 1, 2 or 3 of the Table in paragraph 1 of that Schedule, or

(ii)interest under section 101 of that Act on a penalty within sub-paragraph (i),

the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;]

(b)in relation to a penalty under any F14... provision of this Act mentioned in subsection (2)(a) above, or to interest under [F15section 101 of the Finance Act 2009] on such a penalty, the time when the relevant act or omission occurred; and

[F16(c)in relation to—

(i)a penalty under Schedule 56 to the Finance Act 2009 in respect of an amount falling within item 1, 12, 18 or 19 of the Table in paragraph 1 of that Schedule, F17...

(ii)a penalty under that Schedule in respect of an amount falling within item 17, 23 or 24 of that Table so far as the tax falls within item 1, [F18or

(iii)interest under section 101 of that Act on a penalty within sub-paragraph (i) or (ii),]

the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;]

and in paragraph (b) above “the relevant act or omission” means the act or omission which caused the penalty to become payable.

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F4Words in s. 107A(2) omitted (1.4.2009) by virtue of the combined effect of The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I. 2009/571), art. 1(1), Sch. 1 para. 4(a); Finance Act 2008 (c. 9), s. 113(2), Sch. 36 para. 75(2) (with Sch. 36 para. 38); S.I. 2009/404, art. 2 (with arts. 3, 5)

Modifications etc. (not altering text)

C3S. 107A 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