PART II RETURNS OF INCOME AND GAINS

Income tax

F17Notice of liability to income tax and capital gains tax.

(1)

Every person who—

(a)

is chargeable to income tax or capital gains tax for any year of assessment, and

(b)

has not received a notice under section 8 of this Act requiring a return for that year of his total income and chargeable gains,

shall, subject to subsection (3) below, within six months from the end of that year, give notice to an officer of the Board that he is so chargeable.

(2)

In the case of F2persons who are chargeable as mentioned in subsection (1) above as F3the relevant trustees of a settlement, that subsection shall have effect as if the reference to a notice under section 8 of this Act were a reference to a notice under section 8A of this Act.

(3)

A person shall not be required to give notice under subsection (1) above in respect of a year of assessment if for that year his total income consists of income from sources falling within subsections (4) to (7) below and he has no chargeable gains.

(4)

A source of income falls within this subsection in relation to a year of assessment if—

(a)

all payments of, or on account of, income from it during that year, and

(b)

all income from it for that year which does not consist of payments,

have or has been taken into account in the making of deductions or repayments of tax under F4PAYE regulations.

(5)

A source of income falls within this subsection in relation to any person and any year of assessment if all income from it for that year has been or will be taken into account—

(a)

in determining that person’s liability to tax, or

(b)

in the making of deductions or repayments of tax under F4PAYE regulations.

(6)

A source of income falls within this subsection in relation to any person and any year of assessment if all income from it for that year is—

(a)

income from which income tax has been deducted;

(b)

income from or on which income tax is treated as having been deducted or paid; or

(c)

income chargeable under F5Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.),

and that person is not for that year liable to tax at a rate other than the basic rateF6, the F7dividend ordinary rateF8, the lower rate or the starting rate.

(7)

A source of income falls within this subsection in relation to any person and any year of assessment if all income from it for that year is F9income on which he could not become liable to tax under a self-assessment made under section 9 of this Act in respect of that year.

(8)

If any person, for any year of assessment, fails to comply with subsection (1) above, he shall be liable to a penalty not exceeding the amount of the tax—

(a)

in which he is assessed under section 9 or 29 of this Act in respect of that year, and

(b)

which is not paid on or before the 31st January next following that year.

F10(9)

For the purposes of this Act the relevant trustees of a settlement are—

(a)

in relation to income F11(other than gains treated as arising under F12Chapter 9 of Part 4 of ITTOIA 2005), the persons who are trustees when the income arises and any persons who subsequently become trustees; and

F13(aa)

in relation to gains treated as arising under F14Chapter 9 of Part 4 of ITTOIA 2005, the persons who are trustees in the year of assessment in which the gains arise and any persons who subsequently become trustees; and

(b)

in relation to chargeable gains, the persons who are trustees in the year of assessment in which the chargeable gains accrue and any persons who subsequently become trustees.

F158Personal return.

F16(1)

For the purpose of establishing the amounts in which a person is chargeable to income tax and capital gains tax for a year of assessment, F17and the amount payable by him by way of income tax for that year, he may be required by a notice given to him by an officer of the Board—

(a)

to make and deliver to the officer, on or before the day mentioned in subsection (1A) below, a return containing such information as may reasonably be required in pursuance of the notice, and

(b)

to deliver with the return such accounts, statements and documents, relating to information contained in the return, as may reasonably be so required.

(1A)

The day referred to in subsection (1) above is—

(a)

the 31st January next following the year of assessment, or

(b)

where the notice under this section is given after the 31st October next following the year, the last day of the period of three months beginning with the day on which the notice is given

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(1AA)

For the purposes of subsection (1) above—

(a)

the amounts in which a person is chargeable to income tax and capital gains tax are net amounts, that is to say, amounts which take into account any relief or allowance a claim for which is included in the return; and

(b)

the amount payable by a person by way of income tax is the difference between the amount in which he is chargeable to income tax and the aggregate amount of any income tax deducted at source and any tax credits to which F20section 397(1) of ITTOIA 2005 applies.

(1B)

In the case of a person who carries on a trade, profession, or business in partnership with one or more other persons, a return under this section shall include each amount which, in any relevant statement, is stated to be equal to his share of any income, F21loss, tax, credit or charge for the period in respect of which the statement is made.

(1C)

In subsection (1B) above “relevant statement” means a statement which, as respects the partnership, falls to be made under section 12AB of this Act for a period which includes, or includes any part of, the year of assessment or its basis period.

(2)

Every return under this section shall include a declaration by the person making the return to the effect than the return is to the best of his knowledge correct and complete.

(3)

A notice under this section may require different information, accounts and statements for different periods or in relation to different descriptions of source of income.

(4)

Notices under this section may require different information, accounts and statements in relation to different descriptions of person.

F22(5)

In this section and sections 8A, 9 and 12AA of this Act, any reference to income tax deducted at source is a reference to income tax deducted or treated as deducted from any income or treated as paid on any income.

F158A Trustee’s return.

F23(1)

For the purpose of establishing the amounts in which F24the relevant trustees of a settlement, and the settlors and beneficiaries, are chargeable to income tax and capital gains tax for a year of assessment, F25and the amount payable by him by way of income tax for that year, an officer of the Board may by a notice given to F26any relevant trustee require the trustee—

(a)

to make and deliver to the officer, on or before the day mentioned in subsection (1A) below, a return containing such information as may reasonably be required in pursuance of the notice, and

(b)

to deliver with the return such accounts, statements and documents, relating to information contained in the return, as may reasonably be so required;

and a notice may be given to any one trustee or separate notices may be given to each trustee or to such trustees as the officer thinks fit.

(1A)

The day referred to in subsection (1) above is—

(a)

the 31st January next following the year of assessment, or

(b)

where the notice under this section is given after the 31st October next following the year, the last day of the period of three months beginning with the day on which the notice is given

F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(1AA)

For the purposes of subsection (1) above—

(a)

the amounts in which a person is chargeable to income tax and capital gains tax are net amounts, that is to say, amounts which take into account any relief or allowance a claim for which is included in the return; and

(b)

the amount payable by a person by way of income tax is the difference between the amount in which he is chargeable to income tax and the aggregate amount of any income tax deducted at source and any tax credits to which F29section 397(1) of ITTOIA 2005 applies.

(2)

Every return under this section shall include a declaration by the person making the return to the effect that the return is to the best of his knowledge correct and complete.

(3)

A notice under this section may require different information, accounts and statements for different periods or in relation to different descriptions of source of income.

(4)

Notices under this section may require different information, accounts and statements in relation to different descriptions of settlement.

F30(5)

The following references, namely—

(a)

references in section 9 or 28C of this Act to a person to whom a notice has been given under this section being chargeable to tax; and

(b)

references in section 29 of this Act to such a person being assessed to tax,

shall be construed as references to the relevant trustees of the settlement being so chargeable or, as the case may be, being so assessed.

F319 Returns to include self-assessment.

F32(1)

Subject to F33subsections (1A) and (2) below, every return under section 8 or 8A of this Act shall include a self-assessment, that is to say—

(a)

an assessment of the amounts in which, on the basis of the information contained in the return and taking into account any relief or allowance a claim for which is included in the return, the person making the return is chargeable to income tax and capital gains tax for the year of assessment; and

(b)

an assessment of the amount payable by him by way of income tax, that is to say, the difference between the amount in which he is assessed to income tax under paragraph (a) above and the aggregate amount of any income tax deducted at source and any tax credits to which F34section 397(1) of ITTOIA 2005 applies

F35but nothing in this subsection shall enable a self-assessment to show as repayable any income tax treated as deducted or paid by virtue of section F36... 246D(1) F36... F37of the principal ActF38, section 626 of ITEPA 2003 or section 399(2), 400(2), 414(1), 421(1) or 530(1) of ITTOIA 2005.

F39(1A)

The tax to be assessed on a person by a self-assessment shall not include any tax which, under Chapter I or IV of Part XIV of the principal Act F40or under section 394(2) of ITEPA 2003, is charged on the administrator of a scheme (within the meaning of section 658A of that Act) and is assessable by the Board in accordance with that section.

(2)

A person shall not be required to comply with subsection (1) above if he makes and delivers his return for a year of assessment—

(a)

on or before the 30th September next following the year, or

(b)

where the notice under section 8 or 8A of this Act is given after the 31st July next following the year, within the period of two months beginning with the day on which the notice is given.

(3)

Where, in making and delivering a return, a person does not comply with subsection (1) above, an officer of the Board shall if subsection (2) above applies, and may in any other case—

(a)

make the assessment on his behalf on the basis of the information contained in the return, and

(b)

send him a copy of the assessment so made;

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(3A)

An assessment under subsection (3) above is treated for the purposes of this Act as a self-assessment and as included in the return.

F43(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F449ZAAmendment of personal or trustee return by taxpayer

(1)

A person may amend his return under section 8 or 8A of this Act by notice to an officer of the Board.

(2)

An amendment may not be made more than twelve months after the filing date.

(3)

In this section “the filing date” means the day mentioned in section 8(1A) or, as the case may be, section 8A(1A) of this Act.

9ZB Correction of personal or trustee return by Revenue

(1)

An officer of the Board may amend a return under section 8 or 8A of this Act so as to correct obvious errors or omissions in the return (whether errors of principle, arithmetical mistakes or otherwise).

(2)

A correction under this section is made by notice to the person whose return it is.

(3)

No such correction may be made more than nine months after—

(a)

the day on which the return was delivered, or

(b)

if the correction is required in consequence of an amendment of the return under section 9ZA of this Act, the day on which that amendment was made.

(4)

A correction under this section is of no effect if the person whose return it is gives notice rejecting the correction.

(5)

Notice of rejection under subsection (4) above must be given—

(a)

to the officer of the Board by whom the notice of correction was given,

(b)

before the end of the period of 30 days beginning with the date of issue of the notice of correction.

F459A Notice of enquiry

(1)

An officer of the Board may enquire into a return under section 8 or 8A of this Act if he gives notice of his intention to do so (“notice of enquiry”)—

(a)

to the person whose return it is (“the taxpayer”),

(b)

within the time allowed.

(2)

The time allowed is—

(a)

if the return was delivered on or before the filing date, up to the end of the period of twelve months after the filing date;

(b)

if the return was delivered after the filing date, up to and including the quarter day next following the first anniversary of the day on which the return was delivered;

(c)

if the return is amended under section 9ZA of this Act, up to and including the quarter day next following the first anniversary of the day on which the amendment was made.

For this purpose the quarter days are 31st January, 30th April, 31st July and 31st October.

(3)

A return which has been the subject of one notice of enquiry may not be the subject of another, except one given in consequence of an amendment (or another amendment) of the return under section 9ZA of this Act.

F46(4)

An enquiry extends to—

(a)

anything contained in the return, or required to be contained in the return, including any claim or election included in the return,

(b)

consideration of whether to give the taxpayer a transfer pricing notice under paragraph 5C of Schedule 28AA to the principal Act (provision not at arm’s length: medium-sized enterprise),

but this is subject to the following limitation.

(5)

If the notice of enquiry is given as a result of an amendment of the return under section 9ZA of this Act—

(a)

at a time when it is no longer possible to give notice of enquiry under subsection (2)(a) or (b) above, or

(b)

after an enquiry into the return has been completed,

the enquiry into the return is limited to matters to which the amendment relates or which are affected by the amendment.

(6)

In this section “the filing date” means the day mentioned in section 8(1A) or, as the case may be, section 8A(1A) of this Act.

F459BAmendment of return by taxpayer during enquiry

(1)

This section applies if a return is amended under section 9ZA of this Act (amendment of personal or trustee return by taxpayer) at a time when an enquiry is in progress into the return.

(2)

The amendment does not restrict the scope of the enquiry but may be taken into account (together with any matters arising) in the enquiry.

(3)

So far as the amendment affects the amount stated in the self-assessment included in the return as the amount of tax payable, it does not take effect while the enquiry is in progress and—

(a)

if the officer states in the closure notice that he has taken the amendment into account and that—

(i)

the amendment has been taken into account in formulating the amendments contained in the notice, or

(ii)

his conclusion is that the amendment is incorrect,

the amendment shall not take effect;

(b)

otherwise, the amendment takes effect when the closure notice is issued.

(4)

For the purposes of this section the period during which an enquiry is in progress is the whole of the period—

(a)

beginning with the day on which notice of enquiry is given, and

(b)

ending with the day on which the enquiry is completed.

F459CAmendment of self-assessment during enquiry to prevent loss of tax

(1)

This section applies where an enquiry is in progress into a return as a result of notice of enquiry by an officer of the Board under section 9A(1) of this Act.

(2)

If the officer forms the opinion—

(a)

that the amount stated in the self-assessment contained in the return as the amount of tax payable is insufficient, and

(b)

that unless the assessment is immediately amended there is likely to be a loss of tax to the Crown,

he may by notice to the taxpayer amend the assessment to make good the deficiency.

(3)

In the case of an enquiry which under section 9A(5) of this Act is limited to matters arising from an amendment of the return, subsection (2) above only applies so far as the deficiency is attributable to the amendment.

(4)

For the purposes of this section the period during which an enquiry is in progress is the whole of the period—

(a)

beginning with the day on which notice of enquiry is given, and

(b)

ending with the day on which the enquiry is completed.

F47F459DChoice between different Cases of Schedule D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .