Taxes Management Act 1970

1. Introductory Text

2. PART I ADMINISTRATION

   1. 1. Taxes under care and management of the Board.

   2. 2. General Commissioners

   3. 2A. General Commissioners: costs and expenses in legal proceedings.

   4. 3. Clerk to General Commissioners.

   5. 3A. General Commissioners and clerks: indemnity.

   6. 4. Special Commissioners.

   7. 4A. Deputy Special Commissioners.

   8. 5. General and Special Commissioners.

   9. 6. Declarations on taking office.

3. PART II RETURNS OF INCOME AND GAINS

   1. Income tax

      1. 7. Notice of liability to income tax and capital gains tax.

      2. 8. Personal return.

      3. 8A. Trustee’s return.

      4. 9. Returns to include self-assessment.

      5. 9ZA. Amendment of personal or trustee return by taxpayer

      6. 9ZB. Correction of personal or trustee return by Revenue

      7. 9A. Notice of enquiry

      8. 9B. Amendment of return by taxpayer during enquiry

      9. 9C. Amendment of self-assessment during enquiry to prevent loss of tax

      10. 9D. Choice between different Cases of Schedule D

   2. Corporation tax

      1. 10. Notice of liability to corporation tax.

      2. 11. Return of profits.

      3. 11A. Notice of liability to capital gains tax.

      4. 11AA. Return of profits to include self-assessment.

      5. 11AB. Power to enquire into return of profits.

      6. 11AC. Modifications of sections 11AA and 11AB in relation to non-annual accounting of general insurance business.

      7. 11AD. Modifications of sections 11AA and 11AB for insurance companies with non-annual actuarial investigations.

      8. 11AE. Modifications of sections 11AA and 11AB for friendly societies with non-annual actuarial investigations.

      9. 12. Information about chargeable gains.

   3. Partnerships

      1. 12AA. Partnership return.

      2. 12AB. Partnership return to include partnership statement.

      3. 12ABZAA. Returns relating to LLP not carrying on business etc with view to profit

      4. 12ABA. Amendment of partnership return by taxpayer

      5. 12ABB. Correction of partnership return by Revenue

      6. 12AC. Notice of enquiry

      7. 12AD. Amendment of partnership return by taxpayer during enquiry

      8. 12AE. Choice between different Cases of Schedule D

   4. European Economic Interest Groupings

      1. 12A. European Economic Interest Groupings.

   5. Records

      1. 12B. Records to be kept for purposes of returns.

   6. Voluntary returns

      1. 12D. Returns made otherwise than pursuant to a notice

4. PART III OTHER RETURNS AND INFORMATION

   1. 13. Persons in receipt of taxable income belonging to others.

   2. 14. Return of lodgers and inmates.

   3. 15. Return of employees’ emoluments etc.

   4. 16. Fees, commissions, etc.

   5. 16A. Agency workers.

   6. 17. Interest paid or credited by banks, etc. without deduction of income tax.

   7. 18. Interest paid without deduction of income tax.

   8. 18A. Other payments and licences etc.

   9. 19. Information for purposes of Schedule A.

   10. Production of accounts, books and other information

       1. 19A. Power to call for documents for purposes of certain enquiries.

       2. 20. Power to call for documents of taxpayer and others.

       3. 20A. Power to call for papers of tax accountant.

       4. 20B. Restrictions on powers under ss.20 and 20A.

       5. 20BA. Orders for the delivery of documents.

       6. 20BB. Falsification etc. of documents.

       7. 20C. Entry with warrant to obtain documents.

       8. 20CC. Procedure where documents etc. are removed.

       9. 20D. Interpretation of ss.20 to 20C.

       10. 21. Stock jobbers’ transactions.

   11. Surtax

       1. 22. Additional particulars for surtax.

       2. 23. Power to obtain copies of registers of securities.

       3. 24. Power to obtain information as to income from securities.

   12. Chargeable gains

       1. 25. Issuing houses, stockbrokers, auctioneers, etc.

       2. 26. Nominee shareholders.

       3. 27. Settled property.

       4. 28. Non-resident companies and trusts.

5. PART 3A REFERRAL OF QUESTIONS DURING ENQUIRY

   1. 28ZA. Referral of questions during enquiry

   2. 28ZB. Withdrawal of notice of referral

   3. 28ZC. Regulations with respect to referrals

   4. 28ZD. Effect of referral on enquiry

   5. 28ZE. Effect of determination

6. PART IV ASSESSMENT AND CLAIMS

   1. 28A. Completion of enquiry into personal or trustee return

   2. 28AA. Amendment of return of profits made for wrong period.

   3. 28AB. Provisions supplementary to section 28AA.

   4. 28B. Completion of enquiry into partnership return

   5. 28C. Determination of tax where no return delivered.

   6. 28D. Determination of corporation tax where no return delivered.

   7. 28E. Determination of corporation tax where notice complied with in part.

   8. 28F. Corporation tax determinations: supplementary.

   9. 29. Assessment where loss of tax discovered.

   10. 30. Recovery of overpayment of tax, etc.

   11. 30A. Assessing procedure.

   12. 30B. Amendment of partnership statement where loss of tax discovered.

   13. 31. Appeals: right of appeal

   14. 31A. Appeals: notice of appeal

   15. 31B. Appeals: appeals to General Commissioners

   16. 31C. Appeals: appeals to Special Commissioners

   17. 31D. Appeals: election to bring appeal before Special Commissioners

   18. Relief for excessive assessments

       1. 32. Double assessment.

       2. 33. Error or mistake.

       3. 33A. Error or mistake in partnership return.

   19. Time limits

       1. 34. Ordinary time limit of six years.

       2. 35. Emoluments received after year for which they are assessable.

       3. 36. Fraudulent or negligent conduct.

       4. 37. Neglect: income tax and capital gains tax.

       5. 37A. Effect of assessment where allowances transferred.

       6. 38. Modification of s.37 in relation to partnerships.

       7. 39. Neglect: corporation tax.

       8. 40. Assessment on personal representatives.

       9. 41. Leave of General or Special Commissioners required for certain assessments.

   20. Corporation tax determinations

       1. 41A. Determination procedure

       2. 41B. Reduction of determination

       3. 41C. Time limits

   21. Claims

       1. 42. Procedure for making claims etc.

       2. 43. Time limit for making claims.

       3. 43A. Further assessments: claims etc.

       4. 43B. Limits on application of section 43A.

7. PART V APPEALS AND OTHER PROCEEDINGS

   1. Jurisdiction

      1. 44. General Commissioners.

      2. 45. Quorum of Special Commissioners.

      3. 46. General and Special Commissioners.

      4. 46A. Regulations about jurisdiction.

      5. 46B. Questions to be determined by Special Commissioners.

      6. 46C. Jurisdiction of Special Commissioners over certain claims included in returns.

      7. 46D. Questions to be determined by Lands Tribunal.

      8. 47. Special jurisdiction relating to tax on chargeable gains.

      9. 47A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. 47B. Special jurisdiction relating to Business Expansion Scheme.

   2. Proceedings before Commissioners

      1. 48. Application to appeals and other proceedings.

      2. 49. Proceedings brought out of time.

      3. 50. Procedure.

      4. 51. Power of Commissioners to obtain information from appellant.

      5. 52. Evidence.

      6. 53. Appeals against summary determination of penalties.

      7. 54. Settling of appeals by agreement.

      8. 55. Recovery of tax not postponed.

      9. 56. Statement of case for opinion of the High Court.

      10. 56A. Appeals from the Special Commissioners.

      11. 56B. Regulations about practice and procedure.

      12. 56C. Power of Special Commissioners to order costs.

      13. 56D. Power of Special Commissioners to publish reports of decisions.

   3. Chargeable gains

      1. 57. Regulations about appeals.

      2. 57A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 57B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. Northern Ireland

      1. 58. Proceedings in tax cases in Northern Ireland.

      2. 59. Election for county court in Northern Ireland.

8. PART VA Payment of Tax

   1. Income tax and capital gains tax

      1. 59A. Payments on account of income tax.

      2. 59B. Payment of income tax and capital gains tax.

      3. 59C. Surcharges on unpaid income tax and capital gains tax.

   2. Corporation tax

      1. 59D. General rule as to when corporation tax is due and payable.

      2. 59DA. Claim for repayment in advance of liability being established.

      3. 59E. Further provision as to when corporation tax is due and payable.

      4. 59FB. CT payment plans for tax on certain transactions with EEA residents

9. PART VI COLLECTION AND RECOVERY

   1. 60. Issue of demand notes and receipts.

   2. Distraint and poinding

      1. 61. Distraint by collectors.

      2. 62. Priority of claim for tax.

      3. 63. Recovery of tax in Scotland

      4. 63A. Sheriff officer’s fees and outlays.

      5. 64. Priority of claim for tax in Scotland.

   3. Court proceedings

      1. 65. Magistrates’ courts.

      2. 66. County courts.

      3. 67. Inferior courts in Scotland.

      4. 68. High Court, etc.

   4. Supplemental

      1. 69. Recovery of penalty, surcharge or interest

      2. 70. Evidence.

      3. 70A. Payments by cheque.

10. PART VII PERSONS CHARGEABLE IN A REPRESENTATIVE CAPACITY, ETC.

    1. Income Tax

       1. 71. Bodies of persons.

       2. 72. Trustees, guardians, etc., of incapacitated persons.

       3. 73. Further provision as to infants.

       4. 74. Personal representatives.

       5. 75. Receivers appointed by a court.

       6. 76. Protection for certain trustees, agents and receivers.

    2. Capital gains tax

       1. 77. Application of Part VII to capital gains tax.

       2. 77A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. PART VIII CHARGES ON NON-RESIDENTS

    1. Income tax

       1. 78. Method of charging non-residents.

       2. 79. Profits from branch or agency.

       3. 80. Charge on percentage of turnover.

       4. 81. Taxation on basis of merchanting profit.

       5. 82. Savings.

       6. 83. Responsibilities and indemnification of persons in whose name a non-resident person is chargeable.

    2. Capital gains tax

       1. 84. Gains from branch or agency.

    3. Corporation tax

       1. 85. Application of Part VIII to corporation tax.

       2. 85A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. PART IX INTEREST ON OVERDUE TAX

    1. 86. Interest on overdue income tax and capital gains tax.

    2. 86A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 87. Interest on overdue advance corporation tax and income tax on company payments.

    4. 87A. Interest on overdue corporation tax etc.

    5. 88. Interest on tax recovered to make good loss due to taxpayer’s fault.

    6. 88A. Determinations under section 88.

    7. 89. The prescribed rate of interest.

    8. 90. Disallowance of relief for interest on tax.

    9. 91. Effect on interest of reliefs.

    10. 91A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 92. Remission in certain cases of interest on tax in arrear by reason of exchange restrictions.

13. PART X PENALTIES, ETC.

    1. 93. Failure to make return for income tax and capital gains tax.

    2. 93A. Failure to make partnership return.

    3. 94. Failure to make return for corporation tax.

    4. 95. Incorrect return or accounts for income tax or capital gains tax.

    5. 95A. Incorrect partnership return or accounts.

    6. 96. Incorrect return or accounts for corporation tax.

    7. 97. Incorrect return or accounts: supplemental.

    8. 97AA. Failure to produce documents under section 19A.

    9. 97A. Two or more tax-geared penalties in respect of the same tax.

    10. 98. Special returns, etc.

    11. 98A. Special penalties in the case of certain returns.

    12. 98B. European Economic Interest Groupings.

    13. 99. Assisting in preparation of incorrect return, etc.

    14. 99A. Certificates of non-liability to income tax.

    15. 100. Determination of penalties by officer of the Board.

    16. 100A. Provisions supplementary to section 100.

    17. 100B. Appeals against penalty determinations.

    18. 100C. Penalty proceedings before Commissioners.

    19. 100D. Penalty proceedings before court.

    20. 101. Evidence for purposes of proceedings relating to penalties.

    21. 102. Mitigation of penalties.

    22. 103. Time limits for penalties.

    23. 103A. Interest on penalties.

    24. 104. Saving for criminal proceedings.

    25. 105. Evidence in cases of fraud or wilful default.

    26. 106. Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.

    27. Scotland

        1. 107. Criminal liability for false statements made to obtain allowances.

14. PART XI MISCELLANEOUS AND SUPPLEMENTAL

    1. Settlements

       1. 107A. Relevant trustees.

    2. Companies

       1. 108. Responsibility of company officers.

       2. 109. Corporation tax on close company in connection with loans to participators etc.

    3. Valuation

       1. 110. Valuation of land: power of entry.

       2. 111. Valuation of assets: power to inspect.

    4. Documents

       1. 112. Loss, destruction or damage to assessments, returns, etc.

       2. 113. Form of returns and other documents.

       3. 114. Want of form or errors not to invalidate assessments, etc.

       4. 115. Delivery and service of documents.

       5. 115A. Electronic lodgement of tax returns, etc.

       6. 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Northern Ireland

       1. 117. Action of ejectment in Northern Ireland.

    6. Interpretation

       1. 118. Interpretation.

15. PART XII GENERAL

    1. 119. Commencement and construction.

    2. 120. Short title.

16. SCHEDULES

    1. SCHEDULE 1

       FORMS OF DECLARATIONS

       1. PART I GENERAL AND SPECIAL COMMISSIONERS AND OTHERS

       2. PART II COMMISSIONERS OF INLAND REVENUE

       3. PART III INSPECTORS, COLLECTORS AND OTHER OFFICERS

    2. SCHEDULE 1AA

       Orders for production of documents

       1. Introduction

          1. 1. The provisions of this Schedule supplement section 20BA.

       2. Authorised officer of the Board

          1. 2. (1) In section 20BA(1) an “ authorised officer of the...

       3. Notice of application for order

          1. 3. (1) A person is entitled— (a) to notice of the...

       4. Obligations of person given notice of application

          1. 4. (1) A person who has been given notice of intention...

       5. Exception of items subject to legal privilege

          1. 5. (1) Section 20BA does not apply to items subject to...

       6. Resolution of disputes as to legal privilege

          1. 6. (1) The Board may make provision by regulations for the...

       7. Complying with an order

          1. 7. (1) The Board may make provision by regulations as to...

       8. Procedure where documents are delivered

          1. 8. (1) The provisions of section 20CC(3) to (9) apply in...

       9. Sanction for failure to comply with order

          1. 9. (1) If a person fails to comply with an order...

       10. Notice of order etc.

           1. 10. The Board may make provision by regulations as to the...

       11. General provisions about regulations

           1. 11. Regulations under this Schedule— (a) may contain such incidental, supplementary...

    3. SCHEDULE 1A

       Claims etc. not included in returns

       1. Preliminary

          1. 1. In this Schedule— “ claim ” means a claim or...

       2. Making of claims

          1. 2. (1) Subject to any provision in the Taxes Acts for...

       3. Keeping and preserving of records

          1. 2A. (1) Any person who may wish to make a claim...

       4. Amendments of claims

          1. 3. (1) Subject to sub-paragraph (2) below— (a) at any time...

       5. Giving effect to claims and amendments

          1. 4. (1) Subject to sub-paragraphs (1A), (3) and (4) below and...

       6. Power to enquire into claims

          1. 5. (1) An officer of the Board may enquire into—

       7. Power to call for documents for purposes of enquiries

          1. 6. (1) This paragraph applies where an officer of the Board...

       8. Appeal against notice to produce documents, etc

          1. 6A. (1) An appeal may be brought against a requirement imposed...

       9. Completion of enquiry into claim

          1. 7. (1) An enquiry under paragraph 5 above is completed when...

       10. Giving effect to such amendments

           1. 8. (1) An officer of the Board or the Board shall,...

       11. Appeals against such amendments

           1. 9. (1) An appeal may be brought against—

           2. 10. An appeal against any conclusion stated or amendment made by...

           3. 11. (1) Subject to paragraph 10 above and the following provisions...

    4. SCHEDULE 1B

       Claims for relief involving two or more years

       1. Preliminary

          1. 1. (1) In this Schedule— (a) any reference to a claim...

       2. Loss relief

          1. 2. (1) This paragraph applies where a person makes a claim...

       3. Relief for fluctuating profits of farming etc.

          1. 3. (1) This paragraph applies where a person who is or...

       4. Relief claimed by virtue of section 96(9)

          1. 4. (1) This paragraph applies where— (a) a person who claims...

       5. Carry-back of post-cessation etc. receipts

          1. 5. (1) This paragraph applies where a person who has received...

       6. Backward spreading of certain payments

          1. 6. (1) This paragraph applies where a person who has received...

    5. SCHEDULE 2

       JURISDICTION IN APPEALS ON CLAIMS

       1. Appeal from inspector

          1. 1. . . . . . . . . . ....

          2. 2. . . . . . . . . . ....

       2. Supplemental

          1. 3. . . . . . . . . . ....

    6. SCHEDULE 3

       Rules for assigning proceedings to General Commissioners

       1. Introductory

          1. 1. In this Schedule— “ the relevant place ” means the...

       2. General rule for income and capital gains tax proceedings

          1. 2. (1) In the case of any proceedings relating to income...

       3. PAYE appeals

          1. 3. (1) In the case of an appeal in exercise of...

       4. Corporation tax etc.

          1. 4. (1) In the case of the proceedings mentioned in sub-paragraph...

       5. Procedure for making elections, etc.

          1. 5. (1) An election by a taxpayer for the purposes of...

          2. 6. An election by an officer of the Board for the...

       6. Partnerships

          1. 7. In the case of proceedings relating to a partnership to...

       7. Directions by the Board

          1. 8. (1) The Board may give a direction in relation to...

          2. 9. (1) The Board may give directions for determining the relevant...

       8. Other provisions

          1. 10. The provisions of this Schedule have effect subject to sections...

    7. SCHEDULE 3ZA

       Date by which payment to be made after amendment or correction of self-assessment

       1. General

          1. 1. (1) This Schedule specifies the day by which tax has...

       2. Amendment of personal or trustee return by the taxpayer

          1. 2. (1) This paragraph applies where an amount of tax is...

       3. Correction of personal or trustee return by Revenue

          1. 3. (1) This paragraph applies where an amount of tax is...

       4. Amendment of personal or trustee return to prevent loss of tax

          1. 4. (1) This paragraph applies where an amount of tax is...

       5. Amendment of personal or trustee return by closure notice

          1. 5. (1) This paragraph applies where an amount of tax is...

       6. Amendment consequential on amendment of partnership return by taxpayer

          1. 6. (1) This paragraph applies where an amount of tax is...

       7. Amendment consequential on correction of partnership return by Revenue

          1. 7. (1) This paragraph applies where an amount of tax is...

       8. Amendment consequential on amendment of partnership return by closure notice

          1. 8. (1) This paragraph applies where an amount of tax is...

       9. Amendment consequential on amendment of partnership return to prevent loss of tax

          1. 9. (1) This paragraph applies where an amount of tax is...

       10. Amendment consequential on amendment of partnership return by way of error or mistake relief

           1. 10. (1) This paragraph applies where an amount of tax is...

       11. Amendment consequential on reduction or increase on appeal of amounts stated in partnership statement

           1. 11. (1) This paragraph applies where an amount of tax is...

    8. SCHEDULE 3ZC

       CT Payment plans for tax on certain transactions with EEA residents

       1. Introduction

          1. 1. This Schedule makes provision enabling a company that is liable...

       2. Qualifying corporation tax

          1. 2. (1) For the purposes of this Schedule a company is...

       3. Qualifying transactions

          1. 3. (1) For the purposes of this Schedule each of the...

       4. Eligibility to enter a CT payment plan

          1. 4. (1) A company that is liable to pay qualifying corporation...

       5. Application to enter a CT payment plan

          1. 5. A company that is liable to pay qualifying corporation tax...

       6. Entering into a CT payment plan

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

       7. Content of CT payment plan

          1. 7. (1) A CT payment plan entered into by a company...

       8. Effect of CT payment plan

          1. 8. (1) This paragraph applies where a CT payment plan is...

       9. The payment method: instalments

          1. 9. (1) Where a CT payment plan is entered into by...

       10. The payment method: all of outstanding balance due

           1. 10. (1) Where at any time after a CT payment plan...

       11. All of outstanding balance attributable to particular qualifying transaction due

           1. 11. (1) This paragraph applies where— (a) a CT payment plan...

       12. Part of outstanding balance attributable to particular qualifying transaction due

           1. 12. (1) This paragraph applies where— (a) a CT payment plan...

    9. SCHEDULE 3A

       Electronic lodgement of tax returns, etc.

       1. Part I Tax returns: general

          1. The basic rule

             1. 1. (1) Sub-paragraph (2) below applies where a person is—

          2. Returns to which Schedule applies

             1. 2. (1) This Schedule applies to a notice requiring a return...

       2. Part II Documents supporting certain tax returns

          1. 3. (1) This paragraph applies where— (a) a person is required...

       3. Part III The conditions

          1. Approved persons

             1. 4. (1) The first condition is that the transmission must be...

          2. Approved manner of transmission

             1. 5. (1) The second condition applies if the person who makes...

          3. Content of transmission

             1. 6. The third condition is that the transmission must signify, in...

          4. Procedure for accepting electronic transmissions

             1. 7. (1) The fourth condition is that the information transmitted must...

       4. Part IV Hard copies of information transmitted

          1. Provisions about making of hard copies

             1. 8. (1) A hard copy is made in accordance with this...

          2. Meaning of “hard copy”

             1. 9. In this Part of this Schedule “ hard copy ”,...

       5. Part V Status of information

          1. Exercise of powers

             1. 10. (1) Sub-paragraphs (2) to (5) below apply where information transmitted...

          2. Proceedings

             1. 11. (1) Sub-paragraphs (2) to (4) below apply where—

    10. SCHEDULE 4

        SAVINGS AND TRANSITORY PROVISIONS

        1. Declaration of secrecy

           1. 1. (1) Section 6(4) of this Act shall not apply to...

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

           1. 2. A notice served under section 29 of the Income Tax...

        3. Assessments

           1. 3. (1) Section 36 of this Act shall not apply to...

        4. Claims

           1. 4. (1) This paragraph has effect as respects relief under any...

           2. 5. An appeal, or other proceedings in the nature of an...

           3. 6. . . . . . . . . . ....

        5. Choice of Commissioners to hear proceedings

           1. 7. Neither section 44 of this Act nor any other provision...

        6. Settling of appeals by agreement

           1. 8. . . .

        7. Interest on tax

           1. 9. (1) . . . (2) For the purposes of section...

        8. Penalties, etc.

           1. 10. Section 98 of this Act shall have effect as if...

           2. 11. Section 103(2) of this Act shall not apply to tax...

           3. 12. The repeals made by the principal Act shall not affect...

        9. Northern Ireland

           1. 13. . . .

           2. 14. Part V of this Act, and the repeal by the...