Taxes Management Act 1970

Companies U.K.

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

(1) Everything to be done by a company under the Taxes Acts F1 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 F1 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 F1 on a company which is not a body corporate, or which is a body corporate not incorporated under the [Companies Act 1985 F2 ] 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 F3 .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 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.

F2 Companies Consolidation (Consequential Provisions) Act 1985 (c. 9) s. 30and Sch. 2with effect from 1 July 1985. Previously

“Companies Act 1948”.

F3 SeeFinance Act 1981 s.134andSch.17 para.18—application of this section to the special tax on banking deposits.

F4 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. U.K.

(1) The provisions of [sections 419 and 420 F5 ] 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 F5 ] 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 F6 ]. F7

(3) For the purposes of section 88 F7 of this Act as applied by subsection (1) above, the date when tax charged under the said [sections 419 and 420 F5 ] ought to have been paid shall be taken to be the first day of the [financial year F6 ] following that in which the loan or advance was made. F7

(3A)

F7 (4) Section 91 of this Act shall not apply in consequence of any discharge or repayment of tax under section [419(4) F5 ] of the principal Act.

(5) For the purposes of the said section 91, a relief from tax under the said [sections 419 and 420 F5 ] shall not be treated as affecting tax charged by any assessment unless the assessment is to tax under that section F8 .]

Textual Amendments

F5 Income and Corporation Taxes Act 1988 Sch. 29 para. 32.

F6 Words substituted byFinance (No.2) Act 1975 s.46(5)in relation to tax charged by assessments where notices issued after31July1975.

F7 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.

F8 Finance Act 1972 s.111andSch.24 para.13in relation to times after5April1973 (subject tos.111(3)).