C1C2PART XI MISCELLANEOUS AND SUPPLEMENTAL

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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)

F1Settlements

Annotations:
Amendments (Textual)
F1

S. 107A and cross-heading inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 103(5)

C3107A Relevant trustees.

1

Subject to the following provisions of this section, anything which for the purposes of this Act is done at any time by or in relation to any one or more of the relevant trustees of a settlement shall be treated for those purposes as done at that time by or in relation to the other or others of those trustees.

2

Subject to subsection (3) below, where the relevant trustees of a settlement are liable—

a

to a penalty under section F4... 12B F6... F2... of this Act or paragraph 2A of Schedule 1A to this Act F3or Schedule 24 to the Finance Act 2007F5or Schedule 41 to the Finance Act 2008F7or Schedule 55 to the Finance Act 2009F23or Schedule 18 to the Finance Act 2017F20or Schedule 22 to the Finance Act 2016F28or Schedule 25 to the Finance Act 2021, or to interest under F13section 101 of the Finance Act 2009 on such a penalty;

b

to make a payment in accordance with an assessment under section 30 of this Act, or to make a payment under section 59A F25... or 59B of this Act F26or under Schedule 2 to the Finance Act 2019;

F8c

to a penalty under Schedule 56 to the Finance Act 2009 F31or Schedule 26 to the Finance Act 2021F14, or to interest under section 101 of F32that ActF32 the Finance Act 2009 on such a penalty;; or

d

to interest under section 86 of this Act F15or section 101 of the Finance Act 2009,

the penalty, F9interest or payment may be recovered (but only once) from any one or more of those trustees.

3

No amount may be recovered by virtue of subsection (2)(a) or (c) above from a person who did not become a relevant trustee until after the relevant time, that is to say—

F16a

F29in relation to—

i

a penalty under paragraph 4 of Schedule 55 to the Finance Act 2009 in respect of a return or other document falling within item 1, 2 or 3 of the Table in paragraph 1 of that Schedule, or

ii

interest under section 101 of that Act on a penalty within sub-paragraph (i),

the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;

F21aa

in relation to a penalty under Schedule 22 to the Finance Act 2016, or to interest under section 101 of the Finance Act 2009 on such a penalty, the time when the relevant act or omission occurred;

b

in relation to a penalty under any F10... provision of this Act mentioned in subsection (2)(a) above, or to interest under F17section 101 of the Finance Act 2009 on such a penalty, the time when the relevant act or omission occurred; and

F11c

in relation to—

i

a penalty under Schedule 56 to the Finance Act 2009 in respect of an amount falling within item F331, F273C, 12, 18 or 19F333C of the Table in paragraph 1 of that Schedule, F18...

ii

F35a penalty under that Schedule in respect of an amount falling within item 17, 23 or 24 of that Table so far as the tax falls within item 1, F19or

iii

interest under section 101 of that Act on a penalty within sub-paragraph (i) F34or (ii),

the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;

F24d

in relation to—

i

a penalty under Schedule 18 to the Finance Act 2017, or

ii

interest under section 101 of the Finance Act 2009 on a penalty within sub-paragraph (i),

the end of the RTC period (within the meaning of Schedule 18 to the Finance Act 2017);

F30e

in relation to—

i

a penalty under Schedule 26 to the Finance Act 2021 (penalties for failure to pay tax), or

ii

interest under section 101 of the Finance Act 2009 on a penalty within sub-paragraph (i),

the end of the specified date as defined in paragraph 1 of Schedule 26 to the Finance Act 2021;

and in paragraph F22(aa) and (b) above “the relevant act or omission” means the act or omission which caused the penalty to become payable.

F124

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