C4C5PART XI MISCELLANEOUS AND SUPPLEMENTAL

Annotations:
Modifications etc. (not altering text)
C4

Pt. XI modified (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 18 para. 39(2)(a) (with Sch. 18 para. 59(2)); S.I. 1998/3173, art. 2

C5

Pt. XI: power to apply conferred (with effect in accordance with s. 114(2) of the amending Act) by Finance Act 1999 (c. 16), Sch. 17 para. 17(b)

Interpretation

118 Interpretation.

C2C6C91

In this Act, unless the context otherwise requires—

  • Act” includes an Act of the Parliament of Northern Ireland 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,

  • F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • chargeable gain” has the same meaning as in F11the F11992 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 F32section 1121(1) of CTA 2010 (with section 617 of that Act)F3... ,

  • F29CTA 2009” means the Corporation Tax Act 2009,

  • F33CTA 2010” means the Corporation Tax Act 2010,

  • F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F26“HMRC” means Her Majesty’s Revenue and Customs;

  • F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • inspector” means any inspector of taxes,

  • F19“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,

  • F21“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005,

  • F22ITA 2007” means the Income Tax Act 2007,

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F17partnership return” has the meaning given by section 12AA(10A) of this Act,

  • the principal Act” means the Income and Corporation Taxes Act F21988,

  • F15the relevant trustees”, in relation to a settlement, shall be construed in accordance with section 7(9) of this Act.

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

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F16successor”, in relation to a person who is required to make and deliver, or has made and delivered, F18a partnership return, and “predecessor” and “successor”, in relation to the successor of such a person, shall be construed in accordance with section 12AA(11) of this Act;

  • tax”, where neither income tax nor capital gains tax nor corporation tax F4nor development land tax is specified, means any of those taxes F5except that in sections F30... 20A, 20B F23... and 20D it does not include development land tax,

  • C1the Taxes Acts” means this Act and—

    1. a

      the Tax Acts F13... and

    2. b

      F6the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax,

    3. c

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

  • F8“the 1992 Act ” means the Taxation of Chargeable Gains Act 1992

  • F34TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010,

  • F26“the TCEA 2007” means the Tribunals, Courts and Enforcement Act 2007;

  • C2trade” includes every trade, manufacture, adventure or concern in the nature of trade .

  • F26“the tribunal” is to be read in accordance with section 47C;

C2C3C8C7C11C10C12C13C14C15C162

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 F27tribunal 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 F9not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed not to have failed to do it if he did it without unreasonable delay after the excuse had ceased:

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

F143

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

C34

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 F28the tribunal on an appeal notified to it or by the order of any court.

C17C18F315

For the purposes of this Act a loss of tax or a situation is brought about carelessly by a person if the person fails to take reasonable care to avoid bringing about that loss or situation.

C17C186

Where—

a

information is provided to Her Majesty's Revenue and Customs,

b

the person who provided the information, or the person on whose behalf the information was provided, discovers some time later that the information was inaccurate, and

c

that person fails to take reasonable steps to inform Her Majesty's Revenue and Customs,

any loss of tax or situation brought about by the inaccuracy shall be treated for the purposes of this Act as having been brought about carelessly by that person.

C17C187

In this Act references to a loss of tax or a situation brought about deliberately by a person include a loss of tax or a situation that arises as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.