Taxes Management Act 1970

98 Special returns, etc. U.K.

(1) [F1 Subject to [F2 the provisions of this section and] section 98A below, where] any person—

(a) has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or

(b) fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,

he shall be liable, subject to [F1 subsections (3) and (4) below—

(i) to a penalty not exceeding £300, and

(ii) if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed)].

(2) [F3 Subject to section 98A below, where] a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding [F3 £3000].

[F4 (3) No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.

(4) No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.]

[F5 (5) In the case of a failure to comply with section 765A(2)(a) or (b) of the principal Act, subsection (1) above shall have effect as if for “£300” there were substituted “£3000” and as if for “£60” there were substituted “£600”.]

[F6 TABLE

1.	2.
Part III of this Act, F7 . . .	In the principal Act—
F8 . . .
In the principal Act—	section 41(2);
F9 [section 38(5)];
F9 [section 42];	section 124(3);
section 181(1);	section 136(6);
regulations under section 202;	F10 ...
section 217;	section 148(7);
section 226(3) and (4);	section 180(1);
section 234(7)(b), (8) and (9);	regulations under section 202;
[F11 section 246H;]
section 250(6) and (7);	regulations under section 203;
section 272(7);	section 216;
section 310(4) and (5);	section 226(1) and (2);
[F12 regulations under section 326C ]	section 234(5), (6) and (7)(a);
regulations under section 333;	section 250(1) to (5);
regulations under section 476(1);	section 310(1), (2) and (3);
[F13 regulations under section 477A ]	section 313(5);
F14 . . .	[F12 Regulations under section 326C ]
section 482(3);	Regulations under section 333;
regulations under section 482(11);	section 350(1);
section 483;	section 375(5);
Regulations under section 555(7);	regulations under section 476(1);
section 561(8);	[F13 regulations under section 477A ;]
section 588(7);	[F15 section 482(2) ]
regulations under section 602;	regulations under section 482(11);
[F16 regulations under section 605(1A)(b) to (d);]	section 552;
section 605(1),(2),(3)(b) and (4);	regulations under section 555(7);
regulations under section 612(3);	regulations under section 566(1) or (2);
regulations under section 639;	section 577(4);
section 652;	section 588(6);
section 669;	regulations under section 602;
section 680;	[F17 regulations under section 605(1A)(a);]
section 700(4);	section 605(3)(a);
section 708;	regulations under section 612(3);
section 728;	regulations under section 639;
section 729(11);	[F18 section 765A(2)(a) ;]
section 730(8);	section 772(6);
section 737(8);	[F19 Schedule 3, paragraph 6C];
section 745(1);	Schedule 13;
section 755;	regulations under paragraph 7 of Schedule 14;
[F18 section 765A(2)(b) ;]	Schedule 15, paragraph 14(4);
section 768(9);	Schedule 16;
section 772(1) and (3);	Schedule 22, paragraph 2.
section 774(5);	Regulations under section [F20 151 of the 1992 Act].
section 778;	[F21 Sections 23(2), 48 and 49(2) of the Capital Allowances Act 1990 .]
section 815;	Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982.
Schedule 3, paragraph 13(1);	Paragraph 15(3) of Schedule 14 to the Finance Act 1984.
Schedule 5, paragraph 10;	F22 . . .
Schedule 9, [F23 paragraph 6];	[F24 Section 85(1) and (2) of the Finance Act 1988 ]
Schedule 15 paragraph 14(5);	[F25 Regulations under section 57 of the Finance Act 1989.]
F26 . . .	F27 . . .
Schedule 22, paragraph 4.	[F28 Regulations under section 33 of the Finance Act 1991].
Section 32 of the Finance Act 1973.	F29 . . .
Paragraph 2 of Schedule 15 to the Finance Act 1973.	[F30 Section 28(2) of the Finance (No.2) Act 1992.]
Regulations under section [F31 151 of the 1992 Act].	[F32 Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.]
Paragraph [F33 2(9) of Schedule 1 to the 1992 Act].
[F34 Sections 23(4) and 49(4) of the Capital Allowances Act 1990 ]
Section [F35 98 of the 1992 Act].
Paragraph 15(1) of Schedule 14 to the Finance Act 1984.
Paragraph 6(1) of Schedule 22 to the Finance Act 1985.
[F36 Section 79(6) of the 1992 Act].
[F37 Regulations under section 57 of the Finance Act 1989 ]
[F38 Section 73 of the Finance Act 1989 ]
[F25 Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ]
[F39 235 of the 1992 Act].
[F28 Regulations under section 33 of the Finance Act 1991]
[F40 Paragraph [F41 10 of Schedule 5 to the 1992 Act]]

The references in this Table to regulations under section 602 have effect only for the purpose of giving effect to any provision mentioned in paragraphs (a) and (b) of subsection (2) of that section]

Textual Amendments

F1 Finance Act 1989 (c. 26), s. 164(2), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F2 Finance Act 1990 (c. 29), s. 68(3)(a) for transactions carried out on or after 1 July 1990.

F3 Finance Act 1989 (c. 26), s. 164(3), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F4 Finance Act 1989 (c. 26), s. 164(4), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F5 Finance Act 1990 (c. 29), s. 68(3)(b) for transactions carried out on or after 1 July 1990.

F6 Table substituted by Income and Corporation Taxes Act 1988 (c. 1), Sch. 29 para. 9 (see also Finance Act 1988 (c. 39), Sch. 14 Part VI).

F7 Words repealed by Finance Act 1989 (c. 26), ss. 164(5)(a)and 187and Sch. 17 Part VIII in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F8 Words in s. 98 repealed (with effect in accordance with reg. 1(1) of the amending S.I.) by The General and Special Commissioners (Amendment of Enactments) Regulations 1994 (S.I. 1994/1813), Sch. 1 para. 13, Sch. 2 Pt. I

F9 Entries transferred to column 1 from column 2 by Finance Act 1989 (c. 26), s. 164(5)(b) in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F10 Repealed by Finance Act 1988 (c. 39), s. 148and Sch. 14 Part VI in relation to acquisitions on or after 26 October 1987.

F11 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 10

F12 Finance Act 1990 (c. 29), s. 28(2).

F13 Finance Act 1990 (c. 29), s. 30and Sch. 5 para. 15.

F14 Words repealed by Finance Act 1989 (c. 26), ss. 164(5)(c), 187, Sch. 17 Part VIII in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F15 Finance Act 1989 (c. 26), s. 164(5)(c)in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F16 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(a)

F17 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(c)

F18 Finance Act 1990 (c. 29), s. 68(3)(c), (d)respectively.

F19 Words in s. 98 Table substituted (16.7.1992 with effect in relation to transactions effected on or after 1.10.1992) by Finance (No. 2) Act 1992 (c. 48), s. 63, Sch. 11 paras.4, 6.

F20 Words in s. 98 Table 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(10)(b)(i) (with ss. 60, 101(1), 171, 201(3)).

F21 Capital Allowances Act 1990 (c. 1), s. 164, Sch. 1 para. 1(3).

F22 Repealed by Capital Allowances Act 1990 (c. 1), s. 164(4), Sch. 2

F23 Finance Act 1990 (c. 29), s. 89and Sch. 14 para. 15 (correction of errors)—deemed to have been made by the Taxes Act 1988.

F24 Finance Act 1988 (c. 39), s. 85(3).

F25 Finance Act 1989 (c. 26), s. 107and Sch. 12 para. 5.

F26 Repealed by Finance Act 1989 (c. 26), s. 187and Sch. 17 Part Von and after 27 July 1989.

F27 Words in s. 98 Table repealed (16.7.1992 with application in relation to claims made after 16.7.1992) by Finance (No. 2) Act 1992 (c. 48), ss. 28, 82, Sch. 18 Pt.VII.

F28 Words in s. 98 Table added (25.7.1991) by Finance Act 1991 (c. 31),, s. 33(2)

F29 Words in s. 98 repealed (with effect in accordance with s. 97 of the repealing Act) by Finance Act 1994 (c. 9), Sch. 26 Pt. 5(10)

F30 Entry in s. 98 Table inserted (16.7.1992 with application in relation to claims made after 16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 28(4)(6).

F31 Words in s. 98 Table 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(10)(a)(i) (with ss. 60, 101(1), 171, 201(3)).

F32 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(6)

F33 Words in s. 98 Table 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(10)(a)(ii) (with ss. 60, 101(1), 171, 201(3)).

F34 Capital Allowances Act 1990 (c. 1), s. 164and Sch. 1 para. 1(2).Previously

“sections 67(4) of, and paragraph 4(3) of Schedule 12 to, the Finance Act 1980”.

F35 Words in s. 98 Table 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(10)(a)(iii) (with ss. 60, 101(1), 171, 201(3)).

F36 Words in s. 98 Table 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(10(a)(iv) (with ss. 60, 101(1), 171, 201(3)).

F37 Finance Act 1989 (c. 26), s. 57(2).

F38 Finance Act 1989 (c. 26), s. 73(9).

F39 Words in s. 98 Table 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(10)(v) (with ss. 60, 101(1), 171, 201(3)).

F40 Words in s. 98 Table inserted (25.7.1991) by Finance Act 1991 (c. 31), s. 89(1), Sch. 16 para. 17

F41 Words in s. 98 Table 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(10)(a)(vi) (with ss. 60, 101(1), 171, 201(3)).

Modifications etc. (not altering text)

C1 S. 98 applied (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 1(4), 173(4), Sch. 1, para. 6(7)

S. 98 applied (N.I.) (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 1(4), 173(4), Sch. 1, para. 6(7)

C2 S. 98 amended (27.7.1993) by 1993 c. 34, s. 187(8)

C3 S. 98 applied (with modifications) (1.10.1993) by S.I. 1993/2004, reg. 11(12)(13)

C4 See—Taxes Management Act 1970 (c. 9), s. 53(1)—s. 98(3) not applicable where penalty under s. 51 or 52 awarded summarily. Taxes Management Act 1970 (c. 9), s. 119, Sch. 4 para. 10—application of s. 98 in relation to repealed provisions. Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1)—Oil Taxation Acts—regarding modifications relating to petroleum revenue tax and supplementary petroleum tax. Finance Act 1981 (c. 35), s. 134, Sch. 17 para. 18—application of this section to the special tax on banking deposits. Social Security Act 1975 (c. 14), Sch. 1 para. 5(2)—s. 98 applied in relation to regulations made under Social Security Act 1975, Sch. 1 para. 5(1) as they apply in relation to regulations made under Income and Corporation Taxes Act 1970 s. 204 (now Income and Corporation Taxes Act 1988 (c. 1), s. 203). Social Security (Northern Ireland) Act 1975 (c. 15), Sch. 1 para. 5(2)—s. 98 applied in relation to regulations made under Social Security (Northern Ireland) Act 1975 Sch. 1 para. 5(1)a s they apply in relation to regulations made under Income and Corporation Taxes Act 1970 s. 204 (now Income and Corporation Taxes Act 1988 (c. 1), s. 203).