Taxes Management Act 1970
PART I ADMINISTRATION
1 Taxes under care and management of the Board.
2 General Commissioners
3 Clerk to General Commissioners.
4Special Commissioners.
4A Deputy Special Commissioners.
5 General and Special Commissioners.
6 Declarations on taking office.
PART II RETURNS OF INCOME AND GAINS
Income tax
7 Notice of liability to income tax and capital gains tax.
8 Personal return.
8A Trustee’s return.
9 Returns to include self-assessment.
9A Power to enquire into returns.
Corporation tax
10Notice of liability to corporation tax.
11 Return of profits.
11A Notice of liability to capital gains tax.
11AA Return of profits to include self-assessment.
11AB Power to enquire into return of profits.
11AC Modifications of sections 11AA and 11AB in relation to non-annual accounting of general insurance business.
11AD Modifications of sections 11AA and 11AB for insurance companies with non-annual actuarial investigations.
11AE Modifications of sections 11AA and 11AB for friendly societies with non-annual actuarial investigations.
12 Information about chargeable gains.
Partnerships
12AA Partnership return.
12AB Partnership return to include partnership statement.
12ABZAA Returns relating to LLP not carrying on business etc with view to profit
12AC Power to enquire into partnership return.
European Economic Interest Groupings
12A European Economic Interest Groupings.
Records
12B Records to be kept for purposes of returns.
Voluntary returns
12DReturns made otherwise than pursuant to a notice
PART III OTHER RETURNS AND INFORMATION
13 Persons in receipt of taxable income belonging to others.
14 Return of lodgers and inmates.
15 Return of employees’ emoluments etc.
16 Fees, commissions, etc.
16A Agency workers.
17 Interest paid or credited by banks, etc. without deduction of income tax.
18 Interest paid without deduction of income tax.
18A Other payments and licences etc.
19 Information for purposes of Schedule A.
Production of accounts, books and other information
19A Power to call for documents for purposes of certain enquiries.
20 Power to call for documents of taxpayer and others.
20A Power to call for papers of tax accountant.
20B Restrictions on powers under ss.20 and 20A.
20BB Falsification etc. of documents.
20C Entry with warrant to obtain documents.
20CC Procedure where documents etc. are removed.
20D Interpretation of ss.20 to 20C.
21 Stock jobbers’ transactions.
Surtax
22 Additional particulars for surtax.
23 Power to obtain copies of registers of securities.
24 Power to obtain information as to income from securities.
Chargeable gains
25 Issuing houses, stockbrokers, auctioneers, etc.
26 Nominee shareholders.
27 Settled property.
28Non-resident companies and trusts.
PART IV ASSESSMENT AND CLAIMS
28A Amendment of self-assessment where enquiries made.
28AA Amendment of return of profits made for wrong period.
28AB Provisions supplementary to section 28AA.
28B Amendment of partnership statement where enquiries made.
28C Determination of tax where no return delivered.
28D Determination of corporation tax where no return delivered.
28E Determination of corporation tax where notice complied with in part.
28F Corporation tax determinations: supplementary.
29 Assessment where loss of tax discovered.
30 Recovery of overpayment of tax, etc.
30A Assessing procedure.
30B Amendment of partnership statement where loss of tax discovered.
31Right of appeal.
Relief for excessive assessments
32 Double assessment.
33 Error or mistake.
33A Error or mistake in partnership statement.
Time limits
34Ordinary time limit of six years.
35 Emoluments received after year for which they are assessable.
36Fraudulent or negligent conduct.
37 Neglect: income tax and capital gains tax.
37AEffect of assessment where allowances transferred.
38 Modification of s.37 in relation to partnerships.
39 Neglect: corporation tax.
40 Assessment on personal representatives.
41 Leave of General or Special Commissioners required for certain assessments.
Corporation tax determinations
41ADetermination procedure
41BReduction of determination
41CTime limits
Claims
42 Procedure for making claims etc.
43 Time limit for making claims.
43AFurther assessments: claims etc.
43BLimits on application of section 43A.
PART V APPEALS AND OTHER PROCEEDINGS
Jurisdiction
44 General Commissioners.
45 Quorum of Special Commissioners.
46 General and Special Commissioners.
46A Regulations about jurisdiction.
46B Questions to be determined by Special Commissioners.
46C Jurisdiction of Special Commissioners over certain claims included in returns.
46D Questions to be determined by Lands Tribunal.
47 Special jurisdiction relating to tax on chargeable gains.
47A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47BSpecial jurisdiction relating to Business Expansion Scheme.
Proceedings before Commissioners
48 Application to appeals and other proceedings.
49 Proceedings brought out of time.
50 Procedure.
51 Power of Commissioners to obtain information from appellant.
52 Evidence.
53Appeals against summary determination of penalties.
54 Settling of appeals by agreement.
55 Recovery of tax not postponed.
56 Statement of case for opinion of the High Court.
56AAppeals from the Special Commissioners.
56B Regulations about practice and procedure.
56C Power of Special Commissioners to order costs.
56D Power of Special Commissioners to publish reports of decisions.
Chargeable gains
57 Regulations about appeals.
57A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57B [Commissioners: procedural rules.
Northern Ireland
58 Proceedings in tax cases in Northern Ireland.
59 Election for county court in Northern Ireland.
PART VA Payment of Tax
Income tax and capital gains tax
59A Payments on account of income tax.
59B Payment of income tax and capital gains tax.
59C Surcharges on unpaid income tax and capital gains tax.
Corporation tax
59D General rule as to when corporation tax is due and payable.
59DA Claim for repayment in advance of liability being established.
59E Further provision as to when corporation tax is due and payable.
59FB CT payment plans for tax on certain transactions with EEA residents
PART VI COLLECTION AND RECOVERY
60 Issue of demand notes and receipts.
Distraint and poinding
61 Distraint by collectors.
62 Priority of claim for tax.
63Recovery of tax in Scotland
63A Sheriff officer’s fees and outlays.
64Priority of claim for tax in Scotland.
Court proceedings
65 Magistrates’ courts.
66 County courts.
67 Inferior courts in Scotland.
68 High Court, etc.
Supplemental
69 Interest on tax.
70 Evidence.
70A Payments by cheque.
PART VII PERSONS CHARGEABLE IN A REPRESENTATIVE CAPACITY, ETC.
Income Tax
71 Bodies of persons.
72 Trustees, guardians, etc., of incapacitated persons.
73 Further provision as to infants.
74 Personal representatives.
75 Receivers appointed by a court.
76 Protection for certain trustees, agents and receivers.
Capital gains tax
77 Application of Part VII to capital gains tax.
77A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VIII CHARGES ON NON-RESIDENTS
Income tax
78 Method of charging non-residents.
79 Profits from branch or agency.
80 Charge on percentage of turnover.
81 Taxation on basis of merchanting profit.
82 Savings.
83 Responsibilities and indemnification of persons in whose name a non-resident person is chargeable.
Capital gains tax
84 Gains from branch or agency.
Corporation tax
85 Application of Part VIII to corporation tax.
85A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IX INTEREST ON OVERDUE TAX
86 Interest on overdue income tax and capital gains tax.
86A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87Interest on overdue advance corporation tax and income tax on company payments.
87AInterest on overdue corporation tax etc.
88 Interest on tax recovered to make good loss due to taxpayer’s fault.
88A Determinations under section 88.
89 The prescribed rate of interest.
90 Disallowance of relief for interest on tax.
91 Effect on interest of reliefs.
91A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Remission in certain cases of interest on tax in arrear by reason of exchange restrictions.
PART X PENALTIES, ETC.
93 Failure to make return for income tax and capital gains tax.
93A Failure to make partnership return.
94 Failure to make return for corporation tax.
95 Incorrect return or accounts for income tax or capital gains tax.
95A Incorrect partnership return or accounts.
96Incorrect return or accounts for corporation tax.
97 Incorrect return or accounts: supplemental.
97AA Failure to produce documents under section 19A.
97ATwo or more tax-geared penalties in respect of the same tax.
98 Special returns, etc.
98ASpecial penalties in the case of certain returns.
98B European Economic Interest Groupings.
99Assisting in preparation of incorrect return, etc.
99ACertificates of non-liability to income tax.
100Determination of penalties by officer of the Board.
100A Provisions supplementary to section 100.
100B Appeals against penalty determinations.
100C Penalty proceedings before Commissioners.
100D Penalty proceedings before court.
101 Evidence for purposes of proceedings relating to penalties.
102 Mitigation of penalties.
103Time limits for penalties.
103A Interest on penalties.
104 Saving for criminal proceedings.
105 Evidence in cases of fraud or wilful default.
106 Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.
Scotland
107 Criminal liability for false statements made to obtain allowances.
PART XI MISCELLANEOUS AND SUPPLEMENTAL
Settlements
107A Relevant trustees.
Companies
108 Responsibility of company officers.
109Corporation tax on close company in connection with loans to participators etc.
Valuation
110 Valuation of land: power of entry.
111 Valuation of assets: power to inspect.
Documents
112 Loss, destruction or damage to assessments, returns, etc.
113 Form of returns and other documents.
114 Want of form or errors not to invalidate assessments, etc.
115 Delivery and service of documents.
115A Electronic lodgement of tax returns, etc.
116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northern Ireland
117 Action of ejectment in Northern Ireland.
Interpretation
118 Interpretation.
PART XII GENERAL
119 Commencement and construction.
120 Short title.
SCHEDULES
SCHEDULE 1FORMS OF DECLARATIONS
PART I GENERAL AND SPECIAL COMMISSIONERS AND OTHERS
PART II COMMISSIONERS OF INLAND REVENUE
PART III INSPECTORS, COLLECTORS AND OTHER OFFICERS
SCHEDULE 1A Claims etc. not included in returns
Preliminary
1In this Schedule— “ claim ” means a claim or...
Making of claims
2(1) Subject to any provision in the Taxes Acts for...
Keeping and preserving of records
2A(1) Any person who may wish to make a claim...
Amendments of claims
3(1) Subject to sub-paragraph (2) below— (a) at any time...
Giving effect to claims and amendments
4(1) Subject to sub-paragraphs (1A), (3) and (4) below and...
Power to enquire into claims
5(1) An officer of the Board may enquire into—
Power to call for documents for purposes of enquiries
6(1) This paragraph applies where an officer of the Board...
Appeal against notice to produce documents, etc
6A(1) An appeal may be brought against a requirement imposed...
Amendments of claims where enquiries made
7(1) This paragraph applies where an officer of the Board...
Giving effect to such amendments
8(1) An officer of the Board or the Board shall,...
Appeals against such amendments
9(1) An appeal may be brought against—
10An appeal against an amendment under paragraph 7(3) above of...
11(1) Subject to paragraph 10 above and the following provisions...
SCHEDULE 1B Claims for relief involving two or more years
Preliminary
1(1) In this Schedule— (a) any reference to a claim...
Loss relief
2(1) This paragraph applies where a person makes a claim...
Relief for fluctuating profits of farming etc.
3(1) This paragraph applies where a person who is or...
Relief claimed by virtue of section 96(9)
4(1) This paragraph applies where— (a) a person who claims...
Carry-back of post-cessation etc. receipts
5(1) This paragraph applies where a person who has received...
Backward spreading of certain payments
6(1) This paragraph applies where a person who has received...
SCHEDULE 2 JURISDICTION IN APPEALS ON CLAIMS
Appeal from inspector
1. . . . . . . . . ....
2. . . . . . . . . ....
Supplemental
3. . . . . . . . . ....
SCHEDULE 3 Rules for assigning proceedings to General Commissioners
Introductory
1In this Schedule— “ the relevant place ” means the...
General rule for income and capital gains tax proceedings
2(1) In the case of any proceedings relating to income...
PAYE appeals
3(1) In the case of an appeal in exercise of...
Corporation tax etc.
4(1) In the case of the proceedings mentioned in sub-paragraph...
Procedure for making elections, etc.
5(1) An election by a taxpayer for the purposes of...
6An election by an officer of the Board for the...
Partnerships
7In the case of proceedings relating to a partnership to...
Directions by the Board
8(1) The Board may give a direction in relation to...
9(1) The Board may give directions for determining the relevant...
Other provisions
10The provisions of this Schedule have effect subject to sections...
SCHEDULE 3ZCCT Payment plans for tax on certain transactions with EEA residents
Introduction
1This Schedule makes provision enabling a company that is liable...
Qualifying corporation tax
2(1) For the purposes of this Schedule a company is...
Qualifying transactions
3(1) For the purposes of this Schedule each of the...
Eligibility to enter a CT payment plan
4(1) A company that is liable to pay qualifying corporation...
Application to enter a CT payment plan
5A company that is liable to pay qualifying corporation tax...
Entering into a CT payment plan
6(1) A company enters into a CT payment plan if—...
Content of CT payment plan
7(1) A CT payment plan entered into by a company...
Effect of CT payment plan
8(1) This paragraph applies where a CT payment plan is...
The payment method: instalments
9(1) Where a CT payment plan is entered into by...
The payment method: all of outstanding balance due
10(1) Where at any time after a CT payment plan...
All of outstanding balance attributable to particular qualifying transaction due
11(1) This paragraph applies where— (a) a CT payment plan...
Part of outstanding balance attributable to particular qualifying transaction due
12(1) This paragraph applies where— (a) a CT payment plan...
SCHEDULE 3A Electronic lodgement of tax returns, etc.
Part I Tax returns: general
The basic rule
1(1) Sub-paragraph (2) below applies where a person is—
Returns to which Schedule applies
2(1) This Schedule applies to a notice requiring a return...
Part II Documents supporting certain tax returns
3(1) This paragraph applies where— (a) a person is required...
Part III The conditions
Approved persons
4(1) The first condition is that the transmission must be...
Approved manner of transmission
5(1) The second condition applies if the person who makes...
Content of transmission
6The third condition is that the transmission must signify, in...
Procedure for accepting electronic transmissions
7(1) The fourth condition is that the information transmitted must...
Part IV Hard copies of information transmitted
Provisions about making of hard copies
8(1) A hard copy is made in accordance with this...
Meaning of “hard copy”
9In this Part of this Schedule “ hard copy ”,...
Part V Status of information
Exercise of powers
10(1) Sub-paragraphs (2) to (5) below apply where information transmitted...
Proceedings
11(1) Sub-paragraphs (2) to (4) below apply where—
SCHEDULE 4 SAVINGS AND TRANSITORY PROVISIONS
Declaration of secrecy
1(1) Section 6(4) of this Act shall not apply to...
Information about interest paid or credited without deduction of tax by banks, etc.
2A notice served under section 29 of the Income Tax...
Assessments
3(1) Section 36 of this Act shall not apply to...
Claims
4(1) This paragraph has effect as respects relief under any...
5An appeal, or other proceedings in the nature of an...
6. . . . . . . . . ....
Choice of Commissioners to hear proceedings
7Neither section 44 of this Act nor any other provision...
Settling of appeals by agreement
8. . .
Interest on tax
9(1) . . . (2) For the purposes of section...
Penalties, etc.
10Section 98 of this Act shall have effect as if...
11Section 103(2) of this Act shall not apply to tax...
12The repeals made by the principal Act shall not affect...
Northern Ireland
13. . .
14Part V of this Act, and the repeal by the...

Taxes Management Act 1970

1970 c. 9

An Act to consolidate certain of the enactments relating to income tax, capital gains tax and corporation tax, including certain enactments relating also to other taxes.

Annotations:
Commencement Information
I1

Act wholly in force at 6.4.1970, see s. 119(1)

Editorial Information
X1

General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1) but not against each Act

Modifications etc. (not altering text)
C22

Act applied in part (with modifications) by The Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711), reg. 20, Sch.

C1

Act applied (19.4.1991) for the year of assessment 1988-1989 by The Lloyd’s Underwriters (Tax) (1988–89) Regulations 1991 (S.I. 1991/851), regs. 1, 3(1)

C2

Act extended (with modifications) (28.3.1992) for year of assessment 1989-1990 by The Lloyd’s Underwriters (Tax) (1989—90) Regulations 1992 (S.I. 1992/511), regs. 1, 3, Sch. 1

C3

Power to modify Act conferred (6.3.1992) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 209(3), 289 (having effect in relation to tax for the year 1992-93 and subsequent years of assessment, and tax for other chargeable periods beginning on or after 6.4.1992 see s. 289) (with ss. 60, 101(1), 171, 201(3))

C4

Act applied (with modifications) (23.3.1993 with effect for the year of assessment 1990-91 only) by The Lloyd’s Underwriters (Tax) (1990–91) Regulations 1993 (S.I. 1993/415), regs. 1(1), 3(1).

C5

Act applied (27.7.1993) by Finance Act 1993 (c. 34) , s. 80(7) (repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 355, Sch. 3 Pt. 1)

C6

Act applied (with modifications) (with effect for the year of assessment 1991-92 in accordance with reg. 1(1) of the amending S.I.) by The Lloyds Underwriters (Tax) (1991-92) Regulations 1994 (S.I. 1994/728), reg. 3(1) (with regs. 3(2), 4-7)

C7

Act applied (9.3.1995 with effect in accordance with reg. 1 of the amending S.I.) by The Lloyds Underwriters (Tax) Regulations 1995 (S.I. 1995/351), reg. 4 (with regs. 5-8) (subject to S.I. 1995/352)

C8

Act applied (with modifications) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Lloyds Underwriters (Tax) (1992-93 to 1996-97) Regulations 1995 (S.I. 1995/352), regs. 4-12, 14, 15 (subject to S.I. 1995/351)

C9

Act applied by Income and Corporation Taxes Act 1988 (c. 1), s. 374A(4) (as inserted (with effect in accordance with s. 103(7) and with application in accordance with s. 112(5) of the amending Act) by Finance Act 1995 (c. 4), s. 112(1)(5))

C12

Act applied (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), s. 35(9); s. 35 repealed (19.7.2011) by Finance Act 2011 (c. 11), Sch. 26 para. 1(1)

C13

Act power to apply or extend conferred (16.7.1998) by Teaching and Higher Education Act 1998 (c. 30), s. 22(5)(g)

C14

Act restricted (with effect in accordance with s. 110(10) of the amending Act) by Finance Act 1998 (c. 36), s. 110(8)

C18

Act applied (with modifications) (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 18 para. 62(5) (with Sch. 18 paras. 59(2), 61, 62(6)); S.I. 1998/3173, art. 2

C17

Act restricted by Income and Corporation Taxes Act 1988 (c. 1), s. 754B(10) (as inserted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 11)

C16

Act extended by Income and Corporation Taxes Act 1988 (c. 1), s. 754(1A) (as inserted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 9(3))

C15

Act construed as one with Finance Act 1998 (c. 36), Sch. 18 by s. 117(2)(4)(5) of that Act; S.I. 1998/3173, art. 2

C19

Act: power to modify conferred (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 15(1)(2)(b); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

C20

Act: power to modify conferred (24.3.1999 for specified purposes) by The Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), art. 14(1)(2)(b); S.R. 1999/149, art. 2(c), Sch. 2 (with arts. 3-6)