Taxes Management Act 1970

11 Return of profits. U.K.

(1) A company may be required by a notice served on the company by an F1 ... officer of the Board to deliver to the officer [F2 not later than the final day determined under subsection (4) below a return [F3 such information as may [F4 reasonably] be required in pursuance of the notice together with such accounts, statements and reports as may [F4 reasonably] be so required.

(1A) The information which a company may [F5 reasonably] be required to supply under this section is information which is relevant to the application of the Corporation Tax Acts to the company; and the accounts, statements and reports which a company may [F5 reasonably] be so required to supply are accounts, statements and reports which are so relevant.]]

[F6 (2) A notice under this section may require a return [F7 for] any period specified in the notice (in this subsection referred to as “the specified period”) but, if the specified period does not coincide with an accounting period of the company and the company is within the charge to corporation tax in the whole or some part of the specified period, then—

(a) if an accounting period of the company ends in or at the end of the specified period, the notice shall be taken to require a return for that accounting period or, if there is more than one, for each of them;

(b) if no accounting period of the company ends in or at the end of the specified period but there is a part of the specified period which does not fall within an accounting period of the company, the notice shall be taken to require a return for that part of the specified period; and

(c) if the specified period begins in or at the beginning of an accounting period of the company and ends before the end of that period, the notice shall be of no effect and, accordingly, the company shall not be required to make any return pursuant to it.]

[F8 (2A) In the case of a company which carries on a trade, profession or business in partnership with one or more other persons, a return under this section shall include each amount which, in any relevant statement, is stated to be equal to its share of any income, loss or charge for the period in respect of which the statement is made.

(2B) In subsection (2A) above “relevant statement” means a statement which, as respects the partnership, falls to be made under section 12AB of this Act for a period which includes, or includes any part of, the period in respect of which the return is required.]

(3) Every return under this section shall include a declaration [F9 by the person making the return] to the effect that the return is [F9 to the best of his knowledge] correct and complete .

[F10 (4) Subject to subsection (5) below, the final day for the delivery of any return required by a notice under this section shall be whichever is the later of—

(a) the first anniversary of the last day of the period to which the return relates;

(b) the first anniversary of the last day of that period of account of the company in which falls the last day of the accounting period (if any) to which the return relates; and

(c) the end of the period of three months beginning on the day following that on which the notice was served.

(5) In paragraph (b) of subsection (4) above “period of account” has the same meaning as in the principal Act, but for the purposes of that paragraph the last day of a period of account which is longer than eighteen months shall be treated as the day on which expires the period of eighteen months beginning on the first day of the period of account.

(6) In relation to a company which—

(a) is resident in the United Kingdom throughout the period to which the return relates (in this subsection referred to as “the return period”); and

(b) is required under the Companies Act 1985 to prepare accounts for a period consisting of or including the return period,

the reference to accounts in subsection (1) above is a reference only to such accounts, containing such particulars and having annexed to them such documents, as are required under that Act to be so prepared.

F11 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Different information, accounts, statements and reports may be required in pursuance of a notice under this section in relation to different descriptions of company F12 ...

[F13 (8A) A return under this section shall be amended by the company delivering to the inspector a document in such form, containing such information and accompanied by such statements as the Board may require.]

(9) In the application of this section to a company registered in Northern Ireland, references to the Companies Act 1985 shall be construed as references to the Companies (Northern Ireland) Order 1986.]

Textual Amendments

F1 Words in s. 11(1) repealed (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 26 Pt. 5(23); S.I. 1998/3173, art. 2

F2 Finance (No. 2) Act 1987 (c. 51), s. 82(2); S.I. 1992/3066, art. 3

F3 Finance Act 1990 (c. 29), s. 91(2); S.I. 1992/3066, art. 3

F4 Word in s. 11(1) inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), s. 181(1); S.I. 1998/3173, art. 2

F5 Word in s. 11(1A) inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), s. 181(2); S.I. 1998/3173, art. 2

F6 Finance (No. 2) Act 1987 (c. 51), s. 82(3); S.I. 1992/3066, art. 3

F7 Finance Act 1990 (c. 29), s. 91(3); S.I. 1992/3066, art. 3

F8 S. 11(2A)(2B) inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), s. 181(3); S.I. 1998/3173, art. 2

F9 Finance Act 1990 s. 91(4), (8)with respect to any notice served on or after 26July 1990.

F10 S. 11(4)-(9) substituted for s. 11(4)-(6) by Finance (No. 2) Act 1987 (c. 51), s. 82(4); S.I. 1992/3066, art. 3

F11 Finance Act 1990 (c. 29), s. 91(5); S.I. 1992/3066, art. 3

F12 Finance Act 1990 (c. 29), s. 91(6); S.I. 1992/3066, art. 3

F13 Finance Act 1990 (c. 29), s. 91(7); S.I. 1992/3066, art. 3

Modifications etc. (not altering text)

C1 See—Finance (No. 2) Act 1987 (c. 51), ss. 82(2)(3)(4), 95(2)(3); Income and Corporation Taxes Act 1988 (c. 1), Sch. 29 para. 10(1); Finance Act 1990 (c. 29), s. 91 for modifications in the event of a notice being served after a day to be appointed.