- Latest available (Revised)
- Point in Time (01/05/1995)
- Original (As enacted)
Version Superseded: 29/04/1996
Point in time view as at 01/05/1995.
Taxes Management Act 1970 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Marginal Citations
M11964(M) Sch.1; 1965 Sch.X 16.
“I, A.B., do solemnly declare that I will impartially and to the best of my ability execute [the duties of my office F1] and that I will not disclose any information received by me in the execution of [those duties F1] except for the purposes of [those duties F1] or for the purposes of any prosecution for an offence relating to [inland revenue F1] or in such other cases as may be required by law.”
Textual Amendments
F1Finance Act 1975 s.57(2)(3)but not so as to invalidate declarations made before the passing of that Act.
“I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of my duties except for the purposes of those duties or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”
“I, A.B., do solemnly declare that I will not disclose any information received by me in the execution of the duties which may from time to time be assigned to me by the Board of Inland Revenue except for the purposes of my duties, or to the Board of Inland Revenue or in accordance with their instructions, or for the purposes of any prosecution for an offence relating to inland revenue, or in such other cases as may be required by law.”
Textual Amendments
F2Sch. 1A inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 35; S.I. 1998/3173, art. 2
1U.K.In this Schedule—
“claim” means a claim, election or notice as respects which this Schedule applies;
“partnership claim” means a claim made in accordance with section 42(6)(b) of this Act;
“profits” has the same meaning as in section 42 of this Act;
“relevant partner”, in relation to a partnership claim, means any person who was a partner at any time during the period in respect of which the claim is made;
“successor”, in relation to a person who—
has made a partnership claim, but
is no longer a partner or is otherwise no longer available,
means such other partner who may at any time be nominated for the purposes of this paragraph by the majority of the partners at that time, and “predecessor” and “successor”, in relation to a person so nominated, shall be construed accordingly.
2(1)Subject to any provision in the Taxes Acts for a claim to be made to the Board, every claim shall be made to an officer of the Board.U.K.
(2)No claim requiring the repayment of tax shall be made unless the claimant has documentary proof that the tax has been paid by deduction or otherwise.
(3)A claim shall be made in such form as the Board may determine.
(4)The form of claim shall provide for a declaration to the effect that all the particulars given in the form are correctly stated to the best of the information and belief of the person making the claim.
(5)The form of claim may require—
(a)a statement of the amount of tax which will be required to be discharged or repaid in order to give effect to the claim;
[F3(b)such information as is reasonably required for the purpose of determining whether and, if so, the extent to which the claim is correct;
(bb)the delivery with the claim of such accounts, statements and documents, relating to information contained in the claim, as are reasonably required for the purpose mentioned in paragraph (b) above;] and
(c)any such particulars of assets acquired as may be required in a return by virtue of section 12 of this Act.
(6)In the case of a claim made by or on behalf of a person who is not resident, or who claims to be not resident or not ordinarily resident or not domiciled, in the United Kingdom, an officer of the Board or the Board may require a statement or declaration in support of the claim to be made by affidavit.
Textual Amendments
F3Sch. 1A para. 2(5)(b)(bb) substituted for Sch. 1A para. 2(5)(b) (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 1
Textual Amendments
F4Sch. 1A para. 2A and cross-heading inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 2
2A(1)Any person who may wish to make a claim in relation to a year of assessment or other period shall—U.K.
(a)keep all such records as may be requisite for the purpose of enabling him to make a correct and complete claim; and
(b)shall preserve those records until the end of the relevant day.
(2)In relation to a claim, the relevant day for the purposes of sub-paragraph (1) above is whichever of the following is the latest, namely—
(a)where enquiries into the claim or any amendment of the claim are made by an officer of the Board, the day on which, by virtue of paragraph 7(4) below, those enquiries are treated as completed; and
(b)where no enquiries into the claim or any amendment of the claim are so made, the day on which such an officer no longer has power to make such enquiries.
(3)The duty under sub-paragraph (1) above to preserve records may be discharged by the preservation of the information contained in them; and where the information is so preserved a copy of any document forming part of the records shall be admissible in evidence in any proceedings before the Commissioners to the same extent as the records themselves.
(4)Any person who fails to comply with sub-paragraph (1) above in relation to any claim which is made for a year of assessment or accounting period shall be liable to a penalty not exceeding £3,000.]
3(1)Subject to sub-paragraph (2) below—U.K.
(a)at any time before the end of the period of nine months beginning with the day on which a claim is made, an officer of the Board may by notice to the claimant so amend the claim as to correct any obvious errors or mistakes in the [F5claim] (whether errors of principle, arithmetical mistakes or otherwise); and
(b)at any time before the end of the period of twelve months beginning with the day on which the claim is made, the claimant may amend his claim by notice to an officer of the Board.
(2)No amendment of a claim may be made under sub-paragraph (1) above at any time during the period—
(a)beginning with the day on which an officer of the Board gives notice of his intention to enquire into the claim, and
(b)ending with the day on which the officer’s enquiries into the claim are completed.
Textual Amendments
F5Word in Sch. 1A para. 3(1)(a) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 3
4(1)[F6Subject to sub-paragraphs (1A) and (3) below and to any other provision in the Taxes Acts which otherwise provides,] an officer of the Board or the Board shall, as soon as practicable after a claim other than a partnership claim is made, or such a claim is amended under paragraph 3 above, give effect to the claim or amendment by discharge or repayment of tax.U.K.
[F7(1A)In relation to a claim which would otherwise fall to be taken into account in the making of deductions or repayments of tax under section 203 of the principal Act, sub-paragraph (1) above shall apply as if for the word “shall” there were substituted the word “may”.]
(2)[F8Subject to sub-paragraph (3) below,] an officer of the Board or the Board shall, as soon as practicable after a partnership claim is made, or such a claim is amended under paragraph 3 above, give effect to the claim or amendment, as respects each of the relevant partners, by discharge or repayment of tax.
[F9(3)Where any such claim or amendment as is mentioned in sub-paragraph (1) or (2) above is enquired into by an officer of the Board—
(a)that sub-paragraph shall not apply until the day on which, by virtue of paragraph 7(4) below, the officer’s enquiries are treated as completed; but
(b)the officer may at any time before that day give effect to the claim or amendment, on a provisional basis, to such extent as he thinks fit.]
Textual Amendments
F6Words in Sch. 1A para. 4(1) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 4(1)
F7Sch. 1A para. 4(1A) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 4(2)
F8Words in Sch. 1A para. 4(2) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 4(3)
F9Sch. 1A para. 4(3) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 4(4)
5(1)An officer of the Board may enquire into—U.K.
(a)a claim made by any person, or
(b)any amendment made by any person of a claim made by him,
if, before the end of the period mentioned in sub-paragraph (2) below, he gives notice in writing of his intention to do so to that person or, in the case of a partnership claim, any successor of that person.
[F10(2)The period referred to in sub-paragraph (1) above is whichever of the following ends the latest, namely—
(a)the period ending with the quarter day next following the first anniversary of the day on which the claim or amendment was made;
(b)where the claim or amendment relates to a year of assessment, the period ending with the first anniversary of the 31st January next following that year; and
(c)where the claim or amendment relates to a period other than a year of assessment, the period ending with the first anniversary of the end of that period;
and the quarter days for the purposes of this sub-paragraph are 31st January, 30th April, 31st July and 31st October.
(3)A claim or amendment which has been enquired into under sub-paragraph (1) above shall not be the subject of—
(a)a further notice under that sub-paragraph; or
(b)if it is subsequently included in a return, a notice under section 9A(1), 11AB(1) or 12AC(1) of this Act.]
Textual Amendments
F10Sch. 1A para. 5(2)(3) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), Sch. 20 para. 5
6(1)This paragraph applies where an officer of the Board gives notice under paragraph 5 above to any person (the claimant) of his intention to enquire into—U.K.
(a)a claim made by the claimant, or
(b)any amendment made by the claimant of such a claim.
(2)For the purpose of enquiring into the claim or amendment, the officer may at the same or any subsequent time by notice in writing require the claimant, within such time (which shall not be less than 30 days) as may be specified in the notice—
(a)to produce to the officer such documents as are in the claimant’s possession or power and as the officer may reasonably require for the purpose of determining whether and, if so, the extent to which the claim or amendment is incorrect, and
(b)to furnish the officer with such accounts or particulars as he may reasonably require for that purpose.
(3)Subsections (3) to (11) of section 19A of this Act apply for the purposes of this paragraph as they apply for the purposes of that section; and those subsections as so applied shall have effect as if any reference to subsection (2) of that section were a reference to sub-paragraph (2) above.
(4)Where this paragraph applies in relation to a partnership claim, any reference in this paragraph to the claimant includes a reference to any predecessor or successor of his.
7(1)This paragraph applies where an officer of the Board gives notice under paragraph 5(1) above to any person (the claimant) of his intention to enquire into—U.K.
(a)a claim made by the claimant, or
(b)any amendment made by the claimant of such a claim.
(2)At any time in the period of 30 days beginning with the day on which the officer’s enquiries are completed, the claimant may so amend his claim—
(a)as to eliminate or make good any excess or deficiency which, on the basis of the conclusions stated in the officer’s notice under sub-paragraph (4) below, is an excess or deficiency which could be made good or eliminated under sub-paragraph (3) below; or
(b)as to give effect to any amendments to the claim which he has notified to the officer.
(3)If, at any time in the period of 30 days beginning immediately after the period mentioned in sub-paragraph (2) above, the officer is of opinion that—
(a)the claimant’s claim is excessive or insufficient, and
(b)in a case falling within sub-paragraph (1)(b) above, the excess or deficiency is attributable (wholly or partly) to the claimant’s amendment,
the officer may by notice to the claimant so amend the claim as to eliminate or make good the excess or deficiency or, where paragraph (b) above applies, so much of the excess or deficiency as is so attributable.
(4)Subject to sub-paragraph (5) below, the officer’s enquiries shall be treated as completed at such time as he by notice—
(a)informs the claimant that he has completed his enquiries, and
(b)states his conclusions as to the amount which should be the amount of the claimant’s claim.
(5)Subsections (6) and (7) of section 28A of this Act apply for the purposes of sub-paragraph (4) above as they apply for the purposes of subsection (5) of that section.
(6)Where this paragraph applies in relation to a partnership claim, any reference in this paragraph to the claimant includes a reference to any predecessor or successor of his.
8(1)An officer of the Board or the Board shall, within 30 days of a claim other than a partnership claim being amended under paragraph 7(2) or (3) above, give effect to the amendment by making such adjustment as may be necessary, whether—U.K.
(a)by way of assessment on the claimant, or
(b)by discharge of tax or, on proof to the satisfaction of the officer or the Board that any tax has been paid by the claimant by deduction or otherwise, by repayment of tax.
(2)An officer of the Board or the Board shall, within 30 days of a partnership claim being amended under paragraph 7(2) or (3) above, give effect to the amendment, as respects each of the relevant partners, by making such adjustment as may be necessary, whether—
(a)by way of assessment on the partner, or
(b)by discharge of tax or, on proof to the satisfaction of the officer or the Board that any tax has been paid by the partner by deduction or otherwise, by repayment of tax.
(3)An assessment made under sub-paragraph (1) or (2) above shall not be out of time if it is made within the time mentioned in that sub-paragraph.
9(1)An appeal may be brought against an amendment made under paragraph 7(3) above by giving written notice to the officer within 30 days of the amendment being made.U.K.
(2)Where, in the case of such an appeal, the issues arising include—
(a)any question arising under section 278 of the principal Act (personal reliefs for non-residents);
(b)any question of residence, ordinary residence or domicile; or
(c)the question whether a fund is one to which section 615(3) of that Act applies (pension funds for service abroad),
the time for bringing the appeal shall be three months from the making of the amendment under paragraph 7(3) above.
(3)On an appeal under this paragraph, the Commissioners may vary the amendment appealed against whether or not the variation is to the advantage of the appellant.
(4)Where an amendment made under paragraph 7(3) above is varied, whether by the Commissioners or by the order of any court, paragraph 8 above shall (with the necessary modifications) apply in relation to the variation as it applied in relation to the amendment.]
1(1)Except as otherwise provided by the following provisions of this Schedule, or any other provision of the Taxes Acts, an appeal against [F11an amendment of a claim] shall lie to the General Commissioners, but the appellant may elect to bring the appeal before the Special Commissioners instead of the General Commissioners.U.K.
[(1A)An election under sub-paragraph (1) above shall be disregarded if—
(a)the appellant and [F12the officer of the Board] agree in writing, at any time before the determination of the appeal, that it is to be disregarded; or
(b)the General Commissioners have given a direction under sub-paragraph (1C) below and have not revoked it.
(1B)At any time before the determination of an appeal in respect of which an election has been made under sub-paragraph (1) above, [F12the officer of the Board] after giving notice to the appellant may refer the election to the General Commissioners.
(1C)On any such reference the Commissioners shall, unless they are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, direct that the election be disregarded.
(1D)If, at any time after the giving of a direction under sub-paragraph (1C) above (but before the determination of the appeal) the General Commissioners are satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, they shall revoke the direction.
(1E)Any decision to give a direction under sub-paragraph (1C) or revoke such a direction under sub-paragraph (1D) above shall be final F13.]
(2)If an appeal to either body of Commissioners is pending against an assessment on the appellant which relates to the same source of income as that to which the claim relates, the appeal on the claim shall lie to that body of Commissioners.
Textual Amendments
F11Words in Sch. 2 para. 1(1) substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 36(1)(a); S.I. 1998/3173, art. 2
F12Words in Sch. 2 para. 1(1A)(1B) substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 36(1)(b); S.I. 1998/3173, art. 2
F13Finance Act 1984 s.127andSch.22 para.3(2)from1January1985. S.I. 1984 No.1836 (C.45)—commencement order (not reproduced).
2(1)Appeal [F14against an amendment of a claim] under any provision in column 1 of the Table below shall be to the General Commissioners, and paragraph 1 of this Schedule shall not apply.U.K.
(2)An appeal [F14against an amendment of a claim] under any provision in column 2 of the said Table shall be to the Special Commissioners, and paragraph 1 of this Schedule shall not apply.
1 | 2 |
---|---|
Appeal exclusively to General Commissioners | Appeal exclusively to Special Commissioners |
In the principal Act— | In the principal Act— |
Chapter [F15I of Part VII ] | section [F15121(1), (2) ] |
section [F15351(5) ] | section 310 |
Schedule [F152 ] | F16. . . |
section [F15441(3) ] | |
section [F15459 ] | |
section [F15460 ] | |
section [F15467 ] | |
section [F15484 ] | |
section [F15527 ] | |
section [F15534 ] | |
section [F15536 ] | |
section [F15538 ] | |
Chapter I of Part XVIII |
Textual Amendments
F14Words in Sch. 2 para. 2 substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 36(2); S.I. 1998/3173, art. 2
F15Income and Corporation Taxes Act 1988 Sch. 29 para. 32.
F16 Repealed by Income and Corporation Taxes Act 1988 s. 844and Sch. 31.
Textual Amendments
F17Sch. 2 para. 3 and cross-heading substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 36(3); S.I. 1998/3173, art. 2
3U.K.Any reference in this Schedule to an amendment of a claim is a reference to such an amendment made under paragraph 6(3) of Schedule 1A to this Act.]
Section 44.
Description of proceedings | Place given by these rules |
---|---|
Income tax and capital gains tax | |
1An appeal against an assessment under Case I or Case II of Schedule D. | The place where the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated. |
2Any other proceedings relating to a trade, profession or vocation the profits of which are assessable under Case I or Case II of Schedule D, or would be so assessable if there were any. | |
3An appeal against an assessment under Schedule E and any appeal in exercise of a right conferred by regulations under section [F18203] of the principal Act (pay as you earn). | Subject to the right of election for place of residence, the place of employment or such other place as may be assigned instead by regulations under section [F18203] of the principal Act . |
4F19... any proceedings concerning the annual value of land. | The place where the property is situated. |
[5An appeal against an assessment under Schedule A or under Schedule D, other than Cases I and II. An appeal against an assessment charging income tax at a rate other than the basic rate on income from which income tax has been deducted (otherwise than under section [F18203]] of the principal Act) or from or on which income tax is treated as having been deducted or paid or income chargeable under Schedule F. An appeal against an assessment to capital gains tax. [F20An appeal against a determination under section 88 of this Act.] Proceedings for a penalty under [F21section 100C or an appeal under section 100B against the determination of a penalty ] of this Act. | [If the appellant or other party to the proceedings (not being an inspector or the Board) is carrying on a trade, profession or vocation, then, subject (in the case of an appeal) to the right of election for place of residence, the place in which the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated. If the appellant or other party is employed and does not carry on a trade, profession or vocation, then, subject (in the case of an appeal) to the right of election for place of residence, the place of employment. In any other case, the place where the appellant or other party ordinarily resides F22.] |
F235A. . . | |
[F245BAn appeal against the decision of an inspector under section [F18159 of the principal Act] | The place where the employees concerned (or most of them) are employed.] |
6Any proceedings under the Income Tax Acts not covered by the preceding rules. Any proceedings relating to capital gains tax not covered by rule 5. | The place where the appellant or other party to the proceedings (not being an inspector or the Board) ordinarily [F25resides.] F26. . . |
Corporation tax, etc. | |
7Proceedings which relate to corporation tax. Proceedings which relate to income tax, but to which a company resident in the United Kingdom and within the charge to corporation tax is a party. | The place where the company or other body concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides. |
8Proceedings relating to tax assessable under [F18sections 419 and 20], F27... of the principal Act F18[or relating to a notice under paragraph [F2813 of Schedule 19 to the principal Act]]. | The Place where the company concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides. |
Rules 3 and 5 have effect subject to rule 4 above.
Rules 7 and 8 have effect to the exclusion of any other rules.
Where under rules 3 and 5 above a right of election for the place of residence is provided in column 2 above, the appellant may, by notice in writing to the inspector or the Board (given not later than the notice of appeal), elect for the place where he ordinarily [F29resides].
[F29If the place given by any of the rules in this Schedule is outside the United Kingdom, the Board may give directions, which may be either general or addressed to a particular occasion, to meet the case.]
The rules in this Schedule have effect subject to sections [F30102, 113(5), 263(5) and (6), 343(10) and 783(9) of the principal Act, to paragraph 22 of Schedule 7 to the Income and Corporation Taxes Act 1970] and to [F31section 151 of the Capital Allowances Act 1990] (all of which relate to proceedings to which more than one taxpayer may be a party) and to any other express provisions in the Taxes Acts.
Textual Amendments
F18Income and Corporation Taxes Act 1988 Sch. 29 para. 32.
F19 Repealed by Finance Act 1988 s. 148and Sch. 14 Part Vwith effect from 6 April 1988.
F20Finance Act 1989 s. 160(6).
F21Finance Act 1989 s. 168(8).Previously
“section 100(4)”.
F22Finance (No. 2) Act 1975 s.66(2)in relation to appeals and proceedings after31July1975.
F23 A development land tax provision added byDevelopment Land Tax Act 1976 Sch.8 para.34. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.
F24Finance Act 1976 Sch.9 para.11for1977—78et seq.
F25Finance (No. 2) Act 1975 s.66(3)in relation to proceedings after31July1975.
F26 Words omitted repealed byFinance (No. 2) Act 1975 s.75andSch.14 Part IVwith effect from1August1975.
F27 Words omitted repealed byFinance Act 1972 ss.111and134, Sch.24 para.14andSch.28 Part VIfor1973—74et seq.
F28Finance Act 1972 s.111andSch.24 para.14for1973—74et seq.
F29Finance (No.2) Act 1975 s.66(3), (4)in relation to appeals and proceedings after31July1975.
F30Income and Corporation Taxes Act 1988 Sch. 29 para. 32.
F31Finance Act 1990 s. 164and Sch. 1 para. 1(4).Previously
“section 81 of the Capital Allowances Act 1968”.
Modifications etc. (not altering text)
C1Sch. 3 para. 3 applied (6.4.1993) by S.I. 1993/744, reg. 11(3)
C2 SeeIncome Tax (Employments) Regulations 1973 (S.I. 1973 No.334) regn.10(3)—appeal against coding—andregn.48(3)—appeal against assessment underSch.E (inPart III Vol.5).
Valid from 11/07/2019
Section 59FB
Textual Amendments
F32Sch. 3ZC inserted (retrospective and with effect in accordance with Sch. 7 para. 4(1)(a) of the amending Act) by Finance Act 2020 (c. 14), Sch. 7 para. 2
1U.K.This Schedule makes provision enabling a company that is liable to pay qualifying corporation tax for an accounting period to defer payment of the tax by entering into a CT payment plan.
2(1)For the purposes of this Schedule a company is liable to pay qualifying corporation tax for an accounting period if CT1 is greater than CT2 where—U.K.
CT1 is the corporation tax which the company is liable to pay for the accounting period, and
CT2 is the corporation tax which the company would be liable to pay for the accounting period if any gains, credits, losses or debits arising in respect of qualifying transactions of the company were ignored.
(CT2 will be zero if the company would not be liable to pay any corporation tax for the period).
(2)The amount of qualifying corporation tax which the company is liable to pay is the difference between CT1 and CT2.
3(1)For the purposes of this Schedule each of the following is a qualifying transaction of a company (“the company concerned”)—U.K.
(a)a disposal within sub-paragraph (2),
(b)a transaction within sub-paragraph (3),
(c)a transaction within sub-paragraph (4), and
(d)a transfer within sub-paragraph (5).
(2)A disposal is within this sub-paragraph if—
(a)it is a disposal by the company concerned of an asset,
(b)it is a disposal to a company (“the transferee”) that at the time of the disposal is resident outside the United Kingdom in an EEA state, and
(c)it is a disposal to which section 139 or 171 of TCGA 1992 would apply were the transferee resident at the time of the disposal in the United Kingdom instead.
(3)A transaction is within this sub-paragraph if—
(a)it is a transaction, or the first in a series of transactions, as a result of which the company concerned is directly or indirectly replaced as a party to a loan relationship by another company (“the transferee”),
(b)at the time of the transaction the transferee is resident outside the United Kingdom in an EEA state, and
(c)it is a transaction to which section 340(3) of CTA 2009 would apply were the transferee resident at the time of the transaction in the United Kingdom instead.
(4)A transaction is within this sub-paragraph if—
(a)it is a transaction, or the first in a series of transactions, as a result of which the company concerned is directly or indirectly replaced as a party to a derivative contract by another company (“the transferee”),
(b)at the time of the transaction the transferee is resident outside the United Kingdom in an EEA state, and
(c)it is a transaction to which section 625(3) of CTA 2009 would apply were the transferee resident at the time of the transaction in the United Kingdom instead.
(5)A transfer is within this sub-paragraph if—
(a)it is a transfer from the company concerned of an intangible fixed asset,
(b)it is a transfer to a company (“the transferee”) that immediately after the transfer is resident outside the United Kingdom in an EEA state, and
(c)it is a transfer to which section 775(1) of CTA 2009 would apply were the transferee resident immediately after the transfer in the United Kingdom instead.
(6)In this Schedule “transferee”, in relation to a qualifying transaction of a company, means the transferee referred to in sub-paragraph (2), (3), (4) or (5) (as the case may be).
4(1)A company that is liable to pay qualifying corporation tax for an accounting period may enter into a CT payment plan in respect of the tax in accordance with this Schedule.U.K.
(2)The CT payment plan may relate to—
(a)all of the qualifying corporation tax that the company is liable to pay for the accounting period, or
(b)only part of the qualifying corporation tax that the company is liable to pay for the accounting period.
(3)In this Schedule “deferred tax”, in relation to a CT payment plan, means the qualifying corporation tax to which the plan relates.
5U.K.A company that is liable to pay qualifying corporation tax for an accounting period may enter into a CT payment plan in respect of the tax only if—
(a)an application to enter into the plan is made to HMRC before the end of the period of 9 months beginning immediately after the accounting period, and
(b)the application contains details of all the matters which are required by paragraph 7 to be specified in the plan.
Modifications etc. (not altering text)
C3Sch. 3ZC para. 5(a) modified (retrospective and with effect in accordance with Sch. 7 para. 4(1)(a) of the amending Act) by Finance Act 2020 (c. 14), Sch. 7 para. 4(2)
6(1)A company enters into a CT payment plan if—U.K.
(a)the company agrees to pay, and an officer of Revenue and Customs agrees to accept payment of, the deferred tax in accordance with paragraphs 9 to 12,
(b)the company agrees to pay interest on the deferred tax in accordance with paragraph 8(3) and (5), and
(c)the plan meets the requirements of paragraph 7 as to the matters that must be specified in it.
(2)The CT payment plan may, in the circumstances mentioned in sub-paragraph (3), contain appropriate provision regarding security for HMRC in respect of the payment of the deferred tax.
(3)Those circumstances are where an officer of Revenue and Customs considers that agreeing to accept payment of the deferred tax in accordance with paragraphs 9 to 12 would present a serious risk as to collection of the tax in the absence of provision regarding security in respect of its payment.
(4)A CT payment plan is void if any information furnished by the company in connection with the plan does not fully and accurately disclose all facts and considerations material to the decision of the officer of Revenue and Customs to accept payment of the deferred tax in accordance with paragraphs 9 to 12.
7(1)A CT payment plan entered into by a company must—U.K.
(a)specify the accounting period to which the plan relates (“the accounting period concerned”),
(b)specify the amount of qualifying corporation tax which, in the company's opinion, is payable by it in respect of the accounting period concerned,
(c)specify the amount of the deferred tax,
(d)identify each qualifying transaction of the company in respect of which gains or credits arose in the accounting period concerned, and
(e)specify in relation to each of those qualifying transactions—
(i)the name of the transferee,
(ii)the EEA state in which the transferee was resident at the time of the transaction, and
(iii)the amount of the deferred tax that is attributable to the transaction.
(2)The amount of the deferred tax that is attributable to a qualifying transaction of the company in respect of which a gain or credit arose in the accounting period concerned is—
where—
A is the gain or credit that arose in the accounting period concerned in respect of the qualifying transaction,
B is the total gains or credits that arose in the accounting period concerned in respect of all qualifying transactions of the company,
T is the amount of the deferred tax.
8(1)This paragraph applies where a CT payment plan is entered into by a company in accordance with this Schedule.U.K.
(2)As regards when the deferred tax is payable—
(a)the CT payment plan does not prevent the deferred tax becoming due and payable under section 59D or 59E, but
(b)the Commissioners for Her Majesty's Revenue and Customs—
(i)may not seek payment of the deferred tax otherwise than in accordance with paragraphs 9 to 12;
(ii)may make repayments in respect of any amount of the deferred tax paid, or any amount paid on account of the deferred tax, before the CT payment plan is entered into.
(3)As regards interest—
(a)the deferred tax carries interest in accordance with Part 9 as if the CT payment plan had not been entered into, and
(b)each time a payment is made in accordance with paragraphs 9 to 12, it is to be paid together with any interest payable on it.
(4)As regards penalties, the company will be liable to penalties for late payment of the deferred tax only if it fails to make payments in accordance with paragraphs 9 to 12 (see item 6ZAA of the Table at the end of paragraph 1 of Schedule 56 to the Finance Act 2009).
(5)Any of the deferred tax which is for the time being unpaid may be paid at any time before it becomes payable under paragraphs 9 to 12 together with interest payable on it to the date of payment.
9(1)Where a CT payment plan is entered into by a company, the deferred tax is due in 6 instalments of equal amounts as follows—U.K.
(a)the first instalment is due on the first day after the period of 9 months beginning immediately after the end of the accounting period to which the plan relates, and
(b)the other 5 instalments are due one on each of the first 5 anniversaries of that day.
(2)But see paragraphs 10 to 12 for circumstances in which all or part of the outstanding balance of the deferred tax becomes due otherwise than by those instalments.
10(1)Where at any time after a CT payment plan is entered into by a company an event mentioned in sub-paragraph (2) occurs the outstanding balance of the deferred tax is due on the date on which the next instalment of that tax would otherwise be due.U.K.
(2)The events are—
(a)the company becoming insolvent or entering administration;
(b)the appointment of a liquidator in respect of the company;
(c)an event under the law of a country or territory outside the United Kingdom corresponding to an event in paragraph (a) or (b);
(d)the company failing to pay any amount of the deferred tax for a period of 12 months after the date on which the amount becomes due;
(e)the company ceasing to be within the charge to corporation tax.
11(1)This paragraph applies where—U.K.
(a)a CT payment plan is entered into by a company,
(b)during the instalments period a trigger event occurs in relation to a qualifying transaction identified in the plan, and
(c)a trigger event has not previously occurred in relation to that qualifying transaction during the instalments period.
(2)A trigger event occurs in relation to a qualifying transaction if the transferee ceases to be resident in an EEA state and, on so ceasing, does not become resident another EEA state.
(3)A trigger event occurs in relation to a qualifying transaction if the company and the transferee cease to be members of the same group as one another.
(4)A trigger event occurs in relation to a qualifying transaction within sub-paragraph (2) or (5) of paragraph 3 if the transferee disposes of the asset that is the subject of the transaction.
(5)A trigger event occurs in relation to a qualifying transaction within sub-paragraph (3) or (4) of paragraph 3 if the transferee ceases to be a party to the loan relationship or derivative contract concerned.
(6)On the occurrence of the trigger event an amount of the deferred tax is due.
(7)The amount due is—
where—
“A” is the amount of the deferred tax that is attributable to the qualifying transaction (see paragraph 7(2)),
“B” is the amount of the deferred tax that has previously become due under paragraph 12 by reason of a partial trigger event occurring in relation to the qualifying transaction,
“O” is the amount of the deferred tax that is outstanding at the time of the trigger event, and
“T” is the amount of the deferred tax.
(8)In this paragraph “the instalments period” means the period—
(a)beginning with the time the CT payment plan is entered into, and
(b)ending with the day on which the final instalment of the deferred tax is due under paragraph 9.
12(1)This paragraph applies where—U.K.
(a)a CT payment plan is entered into by a company,
(b)during the instalments period a partial trigger event occurs in relation to a qualifying transaction listed in the plan, and
(c)a trigger event has not previously occurred in relation to that qualifying transaction during the instalments period.
(2)A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (2) of paragraph 3 if the transferee disposes of part (but not all) of the asset that is the subject of the transaction.
Section 21(2)(b) of TCGA 1992 (meaning of part disposal of an asset) applies for the purposes of this sub-paragraph as it applies for the purposes of that Act.
(3)A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (3) or (4) of paragraph 3 if there is a disposal by the transferee of a right or liability under the loan relationship or derivative contract concerned which amounts to a related transaction (as defined in section 304 or 596 of CTA 2009 as the case may be).
(4)A partial trigger event occurs in relation to a qualifying transaction within sub-paragraph (5) of paragraph 3 if the transferee enters into a subsequent transaction which results in a reduction in the accounting value of the intangible fixed asset that is the subject of the qualifying transaction but does not result in the intangible fixed asset ceasing to be recognised in the transferee's balance sheet.
(5)In relation to an intangible fixed asset that has no balance sheet value (or no longer has a balance sheet value) sub-paragraph (4) applies as if, immediately before the subsequent transaction, it did have a balance sheet value.
(6)On the occurrence of the partial trigger event an amount of the deferred tax is due.
(7)The amount due is the amount that is just and reasonable having regard to the amount that would have been due had a trigger event occurred in relation to the qualifying transaction instead.
(8)In this paragraph “the instalments period” and “trigger event” have the same meaning as in paragraph 11.]
Textual Amendments
F33Sch. 3A inserted (1.5.1995) by Finance Act 1995 (c. 4), Sch. 28 para. 2
1(1)Sub-paragraph (2) below applies where a person is—U.K.
(a)required by a notice to which this Schedule applies, or
(b)subject to any other requirement to which this Schedule applies,
to deliver or make a return to an officer of the Board or to the Board.
(2)The requirement to deliver or make the return shall be treated as fulfilled by the person subject to the requirement if—
(a)information is transmitted electronically in response to that requirement; and
(b)each of the conditions in Part III of this Schedule is met with respect to that transmission.
(3)Sub-paragraphs (4) and (5) below apply where the requirement to deliver or make the return is fulfilled by virtue of sub-paragraph (2) above.
(4)Any requirement—
(a)under any provision of Part II of this Act that the return 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, or
(b)under or by virtue of any other provision of the Taxes Acts that the return be signed or include any description of declaration or certificate,
shall not apply.
(5)The time at which the requirement to deliver or make the return is fulfilled is the end of the day during which the last of the conditions in Part III of this Schedule to be met with respect to the transmission is met.
(6)In sub-paragraph (2)(a) above “information” includes any self-assessment, partnership statement, particulars or claim.
2(1)This Schedule applies to a notice requiring a return to be delivered or made if—U.K.
(a)the notice is given under any provision of the Taxes Acts or of regulations made under the Taxes Acts;
(b)the provision is specified for the purposes of this Schedule by an order made by the Treasury; and
(c)the notice is given after the day appointed by the order in relation to notices under the provision so specified.
(2)This Schedule applies to any other requirement to deliver or make a return if—
(a)the requirement is imposed by any provision of the Taxes Acts or of regulations made under the Taxes Acts;
(b)the provision is specified for the purposes of this Schedule by an order made by the Treasury; and
(c)the requirement is required to be fulfilled within a period beginning after the day appointed by the order in relation to the specified provision.
(3)The power to make an order under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
(4)For the purposes of this Schedule, any reference to a requirement to deliver a return includes, in relation to regulations made under the principal Act, a reference to a requirement to render a return.
3(1)This paragraph applies where—U.K.
(a)a person is required by a notice to which this Schedule applies to deliver a return to an officer of the Board;
(b)the notice also requires any document other than the return (“a supporting document”) to be delivered;
(c)the provision under which the notice is given requires the supporting document to be delivered with the return;
(d)the notice states that the supporting document may be transmitted electronically; and
(e)the requirement to deliver the return is fulfilled by virtue of paragraph 1(2) of this Schedule.
(2)The requirement to deliver the supporting document shall be treated as fulfilled by the person subject to the requirement if—
(a)information is transmitted electronically in response to that requirement; and
(b)each of the conditions in Part III of this Schedule is met with respect to that transmission.
(3)If information is not transmitted electronically in response to the requirement to deliver the supporting document, that requirement shall have effect as a requirement to deliver the document on or before the day which is the last day for the delivery of the return.
(4)For the purposes of sub-paragraph (1)(b) above the reference to a document includes in particular a reference to any accounts, statements or reports.
(5)Where the requirement to deliver the supporting document is fulfilled by virtue of sub-paragraph (2) above, the time at which it is fulfilled is the end of the day during which the last of the conditions in Part III of this Schedule to be met with respect to the transmission is met.
4(1)The first condition is that the transmission must be made by a person approved by the Board.U.K.
(2)A person seeking approval under this paragraph shall be given notice of the grant or refusal of approval.
(3)A person may be approved for the purpose of transmitting the information—
(a)on behalf of another person or other persons; or
(b)on his own behalf.
(4)An approval under this paragraph may be withdrawn by notice with effect from such date as may be specified in the notice.
(5)A notice refusing or withdrawing an approval shall state the grounds for the refusal or withdrawal.
(6)A person who is refused approval or whose approval is withdrawn may appeal to the Special Commissioners against the refusal or withdrawal.
(7)The appeal shall be made by notice given to the Board before the end of the period of 30 days beginning with the day on which notice of the refusal or withdrawal was given to the appellant.
(8)The Special Commissioners shall not allow the appeal unless it appears to them that, having regard to all the circumstances, it is unreasonable for the approval to be refused or (as the case may be) withdrawn.
(9)If the Special Commissioners allow an appeal by a person who has been refused approval, they shall specify the date from which the approval is to have effect.
5(1)The second condition applies if the person who makes the transmission is notified by the Board of any requirements for the time being applicable to him as to the manner in which transmissions are to be made by him or as to the manner in which any description of transmission is to be made by him.U.K.
(2)The second condition is that the transmission must comply with the requirements so notified.
(3)The requirements referred to include in particular requirements as to—
(a)the hardware or type of hardware, or
(b)the software or type of software,
to be used to make transmissions or a description of transmissions.
6U.K.The third condition is that the transmission must signify, in a manner approved by the Board, that before the transmission was made a hard copy of the information proposed to be transmitted was made and authenticated in accordance with Part IV of this Schedule.
7(1)The fourth condition is that the information transmitted must be accepted for electronic lodgement.U.K.
(2)For the purposes of this Schedule, information is accepted for electronic lodgement if it is accepted under a procedure selected by the Board for the purposes of this Schedule.
(3)The selected procedure may in particular consist of or include the use of specially designed software.
8(1)A hard copy is made in accordance with this Part of this Schedule if it is made under arrangements designed to ensure that the information contained in the hard copy is the information in fact transmitted.U.K.
(2)A hard copy is authenticated in accordance with this Part of this Schedule if—
(a)where the transmission is made in response to a requirement imposed by a notice under Part II of this Act to deliver a return, the hard copy is endorsed with a declaration by the relevant person that the hard copy is to the best of his knowledge correct and complete; and
(b)in any other case, if the hard copy is signed by the relevant person.
(3)In sub-paragraph (2) above “the relevant person” means—
(a)where the transmission is made as mentioned in sub-paragraph (2)(a) above, the person who, but for paragraph 1(4)(a) of this Schedule, would have been required to make the declaration there mentioned;
(b)in any other case, the person subject to the requirement to deliver or make the return or, in the case of a document other than a return, deliver the document.
9U.K.In this Part of this Schedule “hard copy”, in relation to information held electronically, means a printed out version of that information.
10(1)Sub-paragraphs (2) to (5) below apply where information transmitted in response to a requirement to deliver or make a return is accepted for electronic lodgement.U.K.
(2)An officer of the Board shall have all the powers that he would have had if the information accepted had been contained in a return delivered by post.
(3)The Board shall have all the powers that they would have had if the information accepted had been contained in a return delivered by post.
(4)Where the information is transmitted in response to a notice given under any provision of Part II of this Act, any power which, if the information had been contained in a return delivered by post, a person would have had under this Act to amend the return—
(a)by delivering a document, or
(b)by notifying amendments,
to an officer of the Board, shall have effect as if the power enabled that person to deliver a statement of amended information to the officer.
(5)Any right that a person would have had, if the information transmitted had been contained in a return delivered by post, to claim that tax charged under an assessment was excessive by reason of some mistake or error in the return shall have effect as far as the claimant is concerned as if the information transmitted had been contained in a return delivered by post.
(6)Where information transmitted in response to a requirement to deliver a document other than a return is accepted for electronic lodgement, an officer of the Board shall have all the powers that he would have had if the information had been contained in a document delivered by post.
(7)This paragraph is subject to paragraph 11 of this Schedule.
11(1)Sub-paragraphs (2) to (4) below apply where—U.K.
(a)a person is required by a notice to which this Schedule applies, or subject to any other requirement to which this Schedule applies, to deliver or make a return; and
(b)that requirement is fulfilled by virtue of paragraph 1(2) of this Schedule.
(2)A hard copy shown to have been made and authenticated in accordance with Part IV of this Schedule for the purposes of the transmission in question shall be treated for the purposes of any proceedings as if it were a return delivered or made in response to the requirement.
(3)Sub-paragraph (4) below applies if no hard copy is shown to have been made and authenticated in accordance with Part IV of this Schedule for the purposes of the transmission in question.
(4)A hard copy certified by an officer of the Board to be a true copy of the information transmitted shall be treated for the purposes of any proceedings in relation to which the certificate is given as if it—
(a)were a return delivered or made in response to the requirement in question, and
(b)contained any declaration or signature which would have appeared on a hard copy made and authenticated in accordance with Part IV of this Schedule for the purposes of the transmission.
(5)Where—
(a)a person is required by a notice to which this Schedule applies to deliver any document other than a return, and
(b)that requirement is fulfilled by virtue of paragraph 3(2) of this Schedule,
sub-paragraphs (2) to (4) above shall apply as if any reference to a return delivered in response to the requirement were a reference to a document delivered in response to the requirement.
(6)In this paragraph—
“hard copy” has the same meaning as in Part IV of this Schedule; and
“proceedings” includes proceedings before the General or Special Commissioners or any tribunal having jurisdiction by virtue of any provision of the Taxes Acts.]
1(1)Section 6(4) of this Act shall not apply to a person who, before 10th July 1964, made a declaration in any of the forms set out in Schedule 2 to the Income Tax Act 1952, or a declaration of secrecy in a form approved by the Board.U.K.
(2)General or Special Commissioners or other persons who made declarations in the form in Part I of Schedule 1 to the Income Tax Management Act 1964, or in the form in Schedule 2 to the Income Tax Act 1952, before the coming into force of paragraph 16 of Schedule 10 to the Finance Act 1965 (which included in the form of declaration a reference to the new taxes imposed by that Act) shall be subject to the same obligations as to secrecy with respect to those taxes as they are subject to with respect to income tax.
(3)The repeals made by the principal Act shall not alter the effect or validity of any declaration made before the commencement of this Act.
2U.K.A notice served under section 29 of the Income Tax Act 1952 (re-enacted in section 17 of this Act) on the Postmaster General before 1st October 1969 shall, if it has not been complied with before that date, be deemed to have been served on the Director of Savings; and section 17(1) of this Act shall, in its application to the National Savings Bank, have effect as if the reference to interest paid or credited by the Director of Savings included, as regards any period before the said date, a reference to interest paid or credited by the Postmaster General to depositors.
3(1)Section 36 of this Act shall not apply to tax for any year before the year 1936—37.U.K.
(2)Section 41 of this Act shall not apply to any assessment signed before 6th April 1965.
4(1)This paragraph has effect as respects relief under any enactment repealed by the principal Act, or repealed or terminated by any Act passed before that Act, so far as it remains in force after the commencement of this Act.U.K.
(2)Section 42 of this Act shall apply to any such relief in like manner as section 9 of the Income Tax Management Act 1964 would have applied but for the passing of this Act, and nothing in the repeals made by the principal Act shall affect any enactment determining whether the claim is made to the inspector or the Board, or the Commissioners to whom an appeal lies on the claim.
5U.K.An appeal, or other proceedings in the nature of an appeal, instituted on a claim, or proceedings in the nature of a claim, made before 6th April 1965 shall be continued before the same Commissioners notwithstanding that, under Schedule 2 to this Act or Schedule 2 to the Income Tax Management Act 1964, an appeal on the claim should have been made to some other Commissioners.
F346U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Sch. 4 para. 6 repealed (3.5.1994) by Finance Act 1994 (c. 9), Sch. 26 Pt. 5(22)
7U.K.Neither section 44 of this Act nor any other provision in this Act shall apply to an appeal against an assessment signed, claim made, or other proceedings instituted, before 6th April 1965 so as to require the proceedings to be heard by Commissioners other than those who would have heard the proceedings if the Income Tax Management Act 1964 had not passed.
F358U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 4 para. 8 repealed by Finance Act 1982 (c. 39), s.157, Sch.22 Part X.
9F36(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(2)For the purposes of section 88 of this Act the due date for payment of so much of any surtax for the year 1965—66 as is attributable to subsection (1) of the said section 15 shall be taken to be 1st September 1967, instead of 1st January 1967.
Textual Amendments
F36Sch. 4 para. 9(1) repealed by Finance (No.2) Act 1975 (c. 45), s. 75, Sch.14 Part III in relation to tax charged by assessments notice of which was issued after 31 July 1975.
10U.K.Section 98 of this Act shall have effect as if the Table contained in it (columns 1 and 2 of which correspond respectively to columns 2 and 3 of Schedule 6 to the Finance Act 1960) included, in the appropriate column, so far as they remained in force, the enactments and regulations mentioned in or added to the said Schedule 6 which were repealed or terminated by any Act passed before this Act.
11U.K.Section 103(2) of this Act shall not apply to tax for any year before the year 1936—37.
12U.K.The repeals made by the principal Act shall not affect proceedings for any offence punishable under section 505 of the Income Tax Act 1952 and committed before the repeal of the said section 505 by the Theft Act 1968, or, in Northern Ireland, by the Theft Act (Northern Ireland) 1969.
F3713U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 4 para. 13 repealed by Judicature (Northern Ireland) Act 1978 (c.23), s.122, Sch.7 on and after 18 April 1979; S.I. 1978/422.
14U.K.Part V of this Act, and the repeal by the principal Act of the provisions corresponding to Part V of this Act, shall not apply to proceedings falling within paragraph 10(1) of Schedule 5 to the Income Tax Management Act 1964 (assessments, etc. for 1964—65 and earlier years).
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