Taxes Management Act 1970

65 Magistrates’ courts. [1952 s.78(1)(2)(5); 1965 Sch.X 1(1); 1966 Sch.VI 13.] U.K.

(1) Where—

(a) the amount of any tax for the time being due and payable under any assessment is less than [£500 F1 ], or

(b) the tax under any assessment is payable by instalments and the sum for the time being due and payable in respect of any of those instalments is less than [£500 F1 ],

the tax shall, without prejudice to any other remedy, be recoverable summarily as a civil debt by proceedings commenced in the name of a collector.

(2) All or any of the sums due in respect of tax from any one person and payable to any one collector (being sums which are by law recoverable summarily) may, whether or not they are due under one assessment, be included in the same complaint, summons, order, warrant or other document required by law to be laid before justices or to be issued by justices, and every such document as aforesaid shall, as respects each such sum, be construed as a separate document and its invalidity as respects any one such sum shall not affect its validity as respects any other such sum.

(3) Proceedings under this section for the recovery of any tax charged under Schedule E may be brought in England and Wales at any time within one year from the time when the matter complained of arose.

M1 (4) It is hereby declared that in subsection (1) above the expression “recoverable summarily as a civil debt” in respect of proceedings in Northern Ireland means recoverable [in proceedings under Article 62 of the Magistrates’ Courts (Northern Ireland) Order 1981 F2 ].

[(5) The Treasury may by order made by statutory instrument increase the sums specified in sub-section (1) above; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament F3 .]

Textual Amendments

F1 S.I. 1989 No. 1300from September 1989.Previously

“£250”

by Finance Act 1984 s. 57(1).Previously

“£50”

F2 Finance Act 1984 s. 57(1).Previously

“in the manner provided by the Summary Jurisdiction Acts for the recovery of sums declared under enactments of the Parliament of Northern Ireland(a) to be a debt recoverable summarily(b)”.

(a)

See theNorthern Ireland Constitution Act 1973 (c.36) s.40andSch.5 para.1—includes, from appointed day, a Measure of the Northern Ireland Assembly.

(b)

See— Finance Act 1935 s.34 (reproduced inPart II Vol.5)—application of theSummary Jurisdiction Acts (Northern Ireland).Income Tax (Sub-Contractors in the Construction Industry) Regns. 1975 (S.I. 1971 No.1960) (inPart III Vol.5) regns. 9to12recovery from contractor of sums deductible from payments to sub-contractors. Income Tax (Employments) Regulations 1973 (1973 No.334) (inPart III Vol.5) regn.28—recovery from employer of tax deductible under P.A.Y.E. scheme.Administration of Justice Act 1970 ss.11to14andSch.4 (inPart II Vol.5)—special enforcement provisions.

F3 Finance Act 1984 s.57(1)(c).

Marginal Citations

M1 1964

(M) s.8(6).