PART XI MISCELLANEOUS AND SUPPLEMENTAL

Companies

108 Responsibility of company officers. [1966 Sch.VI 24; 1969 Sch.XX 23(3).]

1

Everything to be done by a company under the Taxes Acts F58 shall be done by the company acting through the proper officer of the company, and service on a company of any document under or in pursuance of the Taxes Acts F58 may be effected by serving it on the proper officer.

This subsection is without prejudice to Part VIII of this Act (charges on non-residents) as it applies to corporation tax.

2

Corporation tax or other tax chargeable under the Corporation Tax Acts F58 on a company which is not a body corporate, or which is a body corporate not incorporated under the [Companies Act 1985 F59] or any other enactment forming part of the law of the United Kingdom, or by Charter, may, at any time after the tax becomes due, and without prejudice to any other method of recovery, be recovered from the proper officer of the company, and that officer may retain out of any money coming into his hands on behalf of the company sufficient sums to pay that tax, and, so far as he is not so reimbursed, shall be entitled to be indemnified by the company in respect of the liability so imposed on him.

3

For the purposes of this section—

a

the proper officer of a company which is a body corporate shall be the secretary or person acting as secretary of the company, except that if a liquidator has been appointed for the company the liquidator shall be the proper officer,

b

the proper officer of a company which is not a body corporate or for which there is no proper officer within paragraph (a) above, shall be the treasurer or the person acting as treasurer, of the company F60.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Annotations:
Amendments (Textual)
F58

SeeOil Taxation Act 1975 s.1andSch.2 para.1(1)—Oil Taxation Acts—regarding modification in relation to petroleum revenue tax and supplementary petroleum duty.

F59

Companies Consolidation (Consequential Provisions) Act 1985 (c. 9) s. 30and Sch. 2with effect from 1 July 1985. Previously

“Companies Act 1948”.

F60

SeeFinance Act 1981 s.134andSch.17 para.18—application of this section to the special tax on banking deposits.

F61

A development land tax provision added byDevelopment Land Tax Act 1976 Sch.8 para.29. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.

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

1

The provisions of [sections 419 and 420 F1] of the principal Act (charge of tax in connection with loans by close companies to participators etc.) directing that tax be assessed and recoverable as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including those relating to the assessing, collecting and receiving of corporation tax, those conferring or regulating a right of appeal and those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.

2

Section 86 of this Act shall apply in relation to tax under the said [sections 419 and 420 F1] as if [the date given by the Table in subsection (4) of the said section 86 were the last day of the three months following the end of the financial year in which the loan or advance was made F2]. F3

3

For the purposes of section 88 F3 of this Act as applied by subsection (1) above, the date when tax charged under the said [sections 419 and 420 F1] ought to have been paid shall be taken to be the first day of the [financial year F2] following that in which the loan or advance was made. F3

3A

F34

Section 91 of this Act shall not apply in consequence of any discharge or repayment of tax under section [419(4) F1] of the principal Act.

5

For the purposes of the said section 91, a relief from tax under the said [sections 419 and 420 F1] shall not be treated as affecting tax charged by any assessment unless the assessment is to tax under that section F4.]

Annotations:
Amendments (Textual)
F1

Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F2

Words substituted byFinance (No.2) Act 1975 s.46(5)in relation to tax charged by assessments where notices issued after31July1975.

F3

See Finance (No. 2) Act 1987 s. 91for changes in respect of loans or advances made (or treated as made) in accounting periods ending after a day to be appointed. See also Income and Corporation Taxes Act 1988 Sch. 29 para. 10(8)(a)(b)for later changes.

F4

Finance Act 1972 s.111andSch.24 para.13in relation to times after5April1973 (subject tos.111(3)).

Valuation

110 Valuation of land: power of entry. [1963 s.30(2); 1969 Sch.XX 20(4).]

Any person authorised in that behalf by the Board may, on producing if so required evidence of his authority, at any reasonable time enter on and inspect, with a view to establishing its annual value, any land the annual value of which falls to be determined for purposes of income tax or corporation tax F5.

111 Valuation of assets: power to inspect. [1965 Sch.X 14.]

1

If for the purposes of [the F61992 Act] the Board authorise an inspector or other officer of the Board to inspect any property for the purpose of ascertaining its market value the person having the custody or possession of that property shall permit the inspector or other officer so authorised to inspect it at such reasonable times as the Board may consider necessary.

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

2

If any person wilfully delays or obstructs an inspector or other officer of the Board acting in pursuance of this section he shall be liable on summary conviction to a fine not exceeding £5 F8.

Documents

112 Loss, destruction or damage to assessments, returns, etc. [1952 s.513; 1965 Sch.X 1(1); 1966 Sch.VI 13, 27(1).]

1

Where any assessment to tax, or any duplicate of assessment to tax, or any return or other document relating to tax, has been lost or destroyed, or been so defaced or damaged as to be illegible or otherwise useless, the Commissioners, inspectors, collectors and other officers having powers in relation to tax may, notwithstanding anything in any enactment to the contrary, do all such acts and things as they might have done, and all acts and things done under or in pursuance of this section shall be as valid and effectual for all purposes as they would have been, if the assessment or duplicate of assessment had not been made, or the return or other document had not been made or furnished or required to be made or furnished F9:

Provided that, where any person who is charged with tax in consequence or by virtue of any act or thing done under or in pursuance of this section proves to the satisfaction of the Commissioners having jurisdiction in the case that he has already paid any tax for the same chargeable period in respect of the subject matter and on the account in respect of and on which he is so charged, relief shall be given to the extent to which the liability of that person has been discharged by the payment so made either by abatement from the charge or by repayment, as the case may require.

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

2

In this section, “the Commissioners” means, as the case may require, either the Board or the General or Special Commissioners concerned F11.

3

The references in subsection (1) above to assessments to tax include references to determinations of penalties; and in its application to such determinations the proviso to that subsection shall have effect with the appropriate modifications F12.]

Annotations:
Amendments (Textual)
F9

SeeOil Taxation Act 1975 s.1andSch.2 para.1(1)—Oil Taxation Acts—regarding modifications relating to petroleum revenue tax and supplementary petroleum duty.

F10

A development land tax provision added byDevelopment Land Tax Act 1976 Sch.8 para.31. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.

F11

SeeFinance Act 1981 s.134andSch.17 para.18—application of this provision to the special tax on banking deposits.

F12

Finance Act 1989 s. 168(6).

113 Form of returns and other documents. [1952 s.25; 1964(M) Sch.IV; 1966 Sch.VI 5(2)(3); 1969 Sch.XX 15.]

1

Any returns under the Taxes Acts shall be in such form as the Board prescribe, and in prescribing income tax forms under this subsection the Board shall have regard to the desirability of securing, so far as may be possible, that no person shall be required to make more than one return annually of the sources of his income and the amounts derived therefrom.

1A

Any notice or direction requiring any return to be made under the Taxes Acts to an inspector or other officer of the Board may be issued or given in the name of that officer, or as the case may be in the name of the Board, by any officer of the Board, and so as to require the return to be made to the first-mentioned officer F13.

C1C21B

Where the Board or an inspector or other officer of the Board have in accordance with section 29 of this Act, or any other provision of the Taxes Acts, decided to make an assessment to tax, and have taken all other decisions needed for arriving at the amount of the assessment, they may entrust to some other officer of the Board responsibility for completing the assessing procedure, whether by means involving the use of a computer or otherwise, including responsibility for serving notice of the assessment on the person liable for tax F14.] F15

1C

Where an officer of the Board has decided that an amount of tax carries interest under section 88 of this Act and has taken the decisions needed for arriving at the date when for the purposes of that section that tax ought to have been paid, he may entrust to any other officer of the Board responsibility for completing the determination procedure, whether by means involving the use of a computer of otherwise, including responsibility for serving notice of the determination on the person liable to the interest F16.]

1D

Where an officer of the Board has decided to impose a penalty under section 100 of this Act and has taken all other decisions needed for arriving at the amount of the penalty, he may entrust to any other officer of the Board responsibility for completing the determination procedure, whether by means involving the use of a computer or otherwise, including responsibility for serving notice of the determination on the person liable to the penalty F17.]

M12

Any return or assessment or other documentrelating to chargeable gains or tax on capital gains may be combined with one relating to income or income tax.

M2C13

Every assessment, [determination of a penalty F18,] duplicate, warrant, notice ofassessment [, of determination F18] or of demand, or other document required to be used in assessing, charging, collecting and levying tax [or determining a penalty F18] shall be in accordance with the forms prescribed from time to time in that behalf by the Board, and a document in the form prescribed and supplied or approved by them shall be valid and effectual F15F19.

Annotations:
Amendments (Textual)
F13

SeeFinance Act 1981 s.134andSch.17 para.18—application of this provision to the special tax on banking deposits.

F14

Finance Act 1970, s.18andSch.4, para.10.

F15

See—Finance Act 1981 s.134andSch.17 para.18—application of this provision to the special tax on banking deposits.Oil Taxation Act 1975 s.1andSch.2 para.1(1)—Oil Taxation Acts—ss.113and114applied with modifications in relation to petroleum revenue tax and supplementary petroleum duty.Income and Corporation Taxes Act 1988 Sch. 19 para. 13(7)—ss 113(1B)and (3)and 114(2)applied in relation to apportionment of close company's income.S.I. 1990 No. 627, regn. 8 (in Part III Vol. 5)—application of ss. 113(1B)and (3)to underwriters for 1987-88.

F16

Finance Act 1989 s. 160(4).

F17

Finance Act 1989 s. 168(7)(a).

F18

Finance Act 1989 s. 168(7)(b).

F19

See Income and Corporation Taxes Act 1988 Sch. 16 para. 13(7)—ss. 113(1B)and (3)applied in relation to apportionment of close company's income.

Modifications etc. (not altering text)
C1

S. 113(1B)(3) applied (19.4.1991) for the year of assessment 1988-1989 by S.I. 1991/851, regs. 1, 6

S. 113(1B) applied (28.3.1992) for the year of assessment 1989-90 by S.I. 1992/511, reg.6

C2

S. 113(1B) applied (with modifications) (23.3.1993 with effect for the year of assessment 1990-91 only) by S.I. 1993/415, regs. 1(1),6

Marginal Citations
M1

1965

Sch. X 17.

M2

1952 s.514(1); 1965 Sch.X 1(1); 1966 Sch.VI 13.

114 Want of form or errors not to invalidate assessments, etc. [1952 s.514(2)(3); 1965 Sch.X 1(1); 1966 Sch.VI 13.]

1

An assessment [or determination F20], warrant or other proceeding which purports to be made in pursuance of any provision of the Taxes Acts shall not be quashed, or deemed to be void or voidable, for want of form, or be affected by reason of a mistake, defect or omission therein, if the same is in substance and effect in conformity with or according to the intent and meaning of the Taxes Acts, and if the person or property charged or intended to be charged or affected thereby is designated therein according to common intent and understanding.

2

An assessment [or determination F20] shall not be impeached or affected—

a

by reason of a mistake therein as to—

i

the name or surname of a person liable, or

ii

the description of any profits or property, or

iii

the amount of the tax charged, or

b

by reason of any variance between the notice and the assessment [or determination F20.] F21C3.

115 Delivery and service of documents. [1952 s.515(1); 1965 Sch.X 1(1); 1966 Sch.VI 13.] [1969 Sch.XX 16(1)(2).]

1

A notice or form which is to be served under the Taxes Acts on a person may be either delivered to him or left at his usual or last known place or residence F22.

2

Any notice or other document to be given, sent, served or delivered under the Taxes Acts may be served by post F22, and, if to be given, sent, served or delivered to or on any person by the Board, by any officer of the Board, or by or on behalf of any body of Commissioners, may be so served addressed ot that person—

a

at his usual or last known place of residence, or his place of business or employment, or

b

in the case of a company, at any other prescribed place, and in the case of a liquidator of a company, at his address for the purposes of the liquidation or any other prescribed place C4.

3

In subsection (2) above “prescribed” means prescribed by regulations made by the Board, and the power of making regulations for the purposes of that subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons C4.

M34

Notices to be given or delivered to, or served on, the General Commissioners shall be valid and effectual if given or delivered to or served on their clerk C5.

Annotations:
Amendments (Textual)
F22

See also theInterpretation Act 1978 (c. 30): “References to service by post.7. Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

Modifications etc. (not altering text)
C4

S. 115(1)-(3) applied by Finance Act 1981 (c. 35), s. 134, Sch.17 para.18 (special tax on banking deposits).

C5

See Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1) (Oil Taxation Acts) regarding modification in relation to petroleum revenue tax and supplementary petroleum duty

Marginal Citations
M3

1952 s.515(5); 1965 Sch.X 1(1); 1966 Sch.VI 13.

116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Annotations:
Amendments (Textual)
F23

(Receipts, etc. exempt from stamp duty.)Repealed byFinance Act 1970 s.36(8)andSch.8 Part V,as from1February1971.

Northern Ireland

117 Action of ejectment in Northern Ireland. [1952 Sch.XXIII 12.]

Unless other provision is made in that behalf by any enactment F24, an action of ejectment in Northern Ireland for non-payment of rent shall not be defeated on the ground that the person liable to pay the rent is entitled under the Income Tax Acts to a deduction which would reduce the amount due by him below a year’s rent.

Interpretation

E1118 Interpretation. [1952 s.526(1).]

1

In this Act, unless the context otherwise requires—

  • Act” includes an Act of the Parliament of Northern Ireland F25 and “enactment” shall be construed accordingly,

  • the Board” means the Commissioners of Inland Revenue,

  • body of persons” means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate,

  • branch or agency” means any factorship, agency, receivership, branch or management, and “branch or agent” shall be construed accordingly F26,

  • chargeable gain” has the same meaning as in [the F271992 Act],

  • chargeable period” means a year of assessment or a company’s accounting period,

  • collector” means any collector of taxes,

  • company” has the meaning given by [sections 419 and 420 F28] of the principal Act (with section 468 F28] of that Act) . . . F29,

  • incapacitated person” means any infant, person of unsound mind, lunatic, idiot or insane person,

  • inspector” means any inspector of taxes,

  • neglect” means negligence or a failure to give any notice, make any return or to produce or furnish any document or other information required by or under the Taxes ActsF30,

  • the principal Act” means the Income and Corporation Taxes Act [1988 F28],

  • return” includes any statement or declaration under the Taxes Acts,

  • tax”, where neither income tax nor capital gains tax nor corporation tax [nor development land tax F31] is specified, means any of those taxes [except that in sections 20, 20A, 20B, 20C and 20D it does not include development land tax F32],

  • the Taxes ActsF33 means this Act and—

a

the Tax Acts . . . [Repealed by Income and Corporation Taxes Act 1988 s. 844andSch. 31.See 1987edition for text] and

b

F34the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax,

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35F36“the 1992 Act ” means the Taxation of Chargeable Gains Act Act 1992.

  • trade” includes every trade, manufacture, adventure or concern in the nature of trade F37.

M42

For the purposes of this Act, a person shall be deemed not to have failed to do anything required to be done within a limited time if he did it within such further time, if any, as the Board or the Commissioners or officer concerned may have allowed; and where a person had a reasonable excuse for not doing anything required to be done he shall be deemed [not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed F38] not to have failed to do it if he did it without unreasonable delay after the excuse had ceased:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

F37M53

For the purposes of [section 36 F40] and Part X of this Act, an assessment made in the partnership name and the tax charged in such an assessment shall, according to the law in Scotland as well as according to the law elsewhere in the United Kingdom, be deemed to be respectively an assessment made on the partners and tax charged on and payable by them F37.

M64

For the purposes of this Act, the amount of tax covered by any assessment shall not be deemed to be finally determined until that assessment can no longer be varied, whether by any Commissioners on appeal or by the order of any court.

Annotations:
Extent Information
E1

This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only.

Amendments (Textual)
F25

See theNorthern Ireland Constitution Act 1973 (c.36), s.40andSch.5 para.1—includes, from appointed day, a Measure of the Northern Ireland Assembly.

F26

SeeIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1) ss. 606and 612 (administration of retirement benefits schemes)—definition applied.

F27

Words in s. 118(1) 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(11)(a) (with ss. 60, 101(1), 171, 201(3))

F28

Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F29

Words omitted related to development land tax. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.

F30

SeeFinance Act 1988 (c. 39, SIF 63:1,2) s. 127—production of computer records. Definition repealed by Finance Act 1989 s. 187and Sch. 17 Part VIIIbut does not affect the making of assessments for years before 1983-84or accounting periods ending before 1 April 1983.

F31

Development Land Tax Act 1976 s.41andSch.8 para.32.Repealed byFinance Act 1985 s.98(6)andSch.27 Part Xin respect of disposals taking place on or after19March1985.

F32

Finance Act 1976 s.57(2).

F33

SeeIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1) s. 754(9)—application to s. 754 (controlled foreign companies.).

F34

Words in s. 118(1)(b) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by virtue of Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10, para. 2(11)(b) (with ss. 60, 101(1), 171, 201(3))

F35

A development land tax provision added byDevelopment Land Tax Act 1976 Sch.8 para.32. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.

F36

Definition in s. 118(1)(b) inserted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10, para. 2(11)(c) (with ss. 60, 101(1), 171, 201(3))

F37

SeeFinance Act 1981 s.134andSch.17 para.18—application of this provision to the special tax on banking deposits.

F38

Finance (No. 2) Act 1987 s. 94.

F39

Proviso repealed byFinance Act 1970 s.36(8)andSch.8 Part VII.

F40

Finance Act 1989 s. 149(3)(b)but not to affect the making of assessments before 1983-84or for accounting periods ending before 1 April 1983. Previously

“sections 37 to 39”.

Marginal Citations
M4

1960

s. 63(2).

M5

1960

s. 63(3).

M6

[1952 s. 501(1); 1960 s.63(4).]

118 Interpretation. [1952 s.526(1).]

1

In this Act, unless the context otherwise requires—

  • Act” includes an Act of the Parliament of Northern Ireland F41 and “enactment” shall be construed accordingly,

  • the Board” means the Commissioners of Inland Revenue,

  • body of persons” means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate,

  • branch or agency” means any factorship, agency, receivership, branch or management, and “branch or agent” shall be construed accordingly F42,

  • chargeable gain” has the same meaning as in [the F431992 Act],

  • chargeable period” means a year of assessment or a company’s accounting period,

  • collector” means any collector of taxes,

  • company” has the meaning given by [sections 419 and 420 F44] of the principal Act (with section 468 F44] of that Act) . . . F45,

  • incapacitated person” means any infant, person of unsound mind, lunatic, idiot or insane person,

  • F46infant”, in relation to Scotland, except in section 73 of this Act, means a person under legal disability by reason of nonage, and, in the said section 73, means a person under the age of 18 years.

  • inspector” means any inspector of taxes,

  • neglect” means negligence or a failure to give any notice, make any return or to produce or furnish any document or other information required by or under the Taxes ActsF47,

  • the principal Act” means the Income and Corporation Taxes Act [1988 F44],

  • return” includes any statement or declaration under the Taxes Acts,

  • tax”, where neither income tax nor capital gains tax nor corporation tax [nor development land tax F48] is specified, means any of those taxes [except that in sections 20, 20A, 20B, 20C and 20D it does not include development land tax F49],

  • the Taxes ActsF50 means this Act and—

a

the Tax Acts . . . [Repealed by Income and Corporation Taxes Act 1988 s. 844andSch. 31.See 1987edition for text] and

b

F51the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax,

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52F53“the 1992 Act ” means the Taxation of Chargeable Gains Act Act 1992.

  • trade” includes every trade, manufacture, adventure or concern in the nature of trade F54.

M72

For the purposes of this Act, a person shall be deemed not to have failed to do anything required to be done within a limited time if he did it within such further time, if any, as the Board or the Commissioners or officer concerned may have allowed; and where a person had a reasonable excuse for not doing anything required to be done he shall be deemed [not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed F55] not to have failed to do it if he did it without unreasonable delay after the excuse had ceased:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

F54M83

For the purposes of [section 36 F57] and Part X of this Act, an assessment made in the partnership name and the tax charged in such an assessment shall, according to the law in Scotland as well as according to the law elsewhere in the United Kingdom, be deemed to be respectively an assessment made on the partners and tax charged on and payable by them F54.

M94

For the purposes of this Act, the amount of tax covered by any assessment shall not be deemed to be finally determined until that assessment can no longer be varied, whether by any Commissioners on appeal or by the order of any court.