Taxes Management Act 1970

98 Special returns, etc. U.K.

(1) [F1 Subject to [F2 the provisions of this section and] section 98A below, where] any person—

(a) has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or

(b) fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,

he shall be liable, subject to [F1 subsections (3) and (4) below—

(i) to a penalty not exceeding £300, and

(ii) if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed)].

(2) [F3 Subject to section 98A below, where] a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding [F3 £3000].

[F4 (3) No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.

(4) No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.]

[F5 (5) In the case of a failure to comply with section 765A(2)(a) or (b) of the principal Act, subsection (1) above shall have effect as if for “£300” there were substituted “£3000” and as if for “£60” there were substituted “£600”.]

[F6 TABLE

1.	2.
F7 Part III of this Act, . . .	In the principal Act—
F8 . . .	section 41(2);
In the principal Act—	[F9 regulations under section 42A;]
F10 [section 38(5)];	[F11 regulations under section 51B;]
F10 [section 42];	[F12 regulations under section 118D, 118F, 118G, 118H or 118I;]
[F9 regulations under section 42A;]	[F13 regulations under section 124(3)]
[F14 regulations under section 118D, 118F, 118G, 118H or 118I;]	section 136(6);
[F15 regulations under section 124(3);]	F16 ...
F17 . . .	section 148(7);
regulations under section 202;	F17 . . .
section 217;	regulations under section 202;
section 226(3) and (4);	regulations under section 203;
section 234(7)(b), (8) and (9);	section 216;
[F18 section 246H;]	section 226(1) and (2);
section 250(6) and (7);	section 234(5), (6) and (7)(a);
section 272(7);	section 250(1) to (5);
section 310(4) and (5);	section 310(1), (2) and (3);
F19 [regulations under section 326C ]	section 313(5);
regulations under section 333;	F19 [Regulations under section 326C ]
[F20 regulations under section 431E(1) or 441A(3);]	Regulations under section 333;
regulations under section 476(1);	section 350(1);
F21 [regulations under section 477A ]	section 375(5);
F22 . . .	[F23 regulations under section 431E(1) or 441A(3);]
section 482(3);	[F24 regulations under section 444BB;]
regulations under section 482(11);	[F24 regulations under section 444BD;]
section 483;	regulations under section 476(1);
Regulations under section 555(7);	F21 [regulations under section 477A ;]
section 561(8);	F25 [section 482(2) ]
section 588(7);	regulations under section 482(11);
regulations under section 602;	[F26 section 552(1) to (4);]
[F27 regulations under section 605(1A)(b) to (d);]	[F26 regulations under section 552(4A);]
[F28 section 605(3)(b) and (4);]	regulations under section 555(7);
regulations under section 612(3);	[F29 regulations under section 566(1), (2) or (2A);]
regulations under section 639;	section 577(4);
section 652;	section 588(6);
[F30 section 660F]	regulations under section 602;
section 700(4);	[F31 regulations under section 605(1A)(a);]
section 708;	section 605(3)(a);
section 728;	regulations under section 612(3);
F32 . . .	regulations under section 639;
section 730(8);	F33 [section 765A(2)(a);]
F34 . . .	section 772(6);
section 745(1);	F35 . . .
section 755;	Schedule 13;
F33 [section 765A(2)(b) ;]	[F36 Schedule 13A, paragraphs 11, 12 and 13;]
section 768(9);	regulations under paragraph 7 of Schedule 14;
section 772(1) and (3);	Schedule 15, paragraph 14(4);
section 774(5);	[F37 Schedule 15B, paragraph 5(1);]
section 778;	Schedule 16;
section 815;	Schedule 22, paragraph 2.
F38 . . .	Regulations under section [F39 151 of the 1992 Act].
Schedule 5, paragraph 10;	F40 [Sections 23(2), [F41 33F(5),] 48[F42 , 49(2) and 51(6A)] of the Capital Allowances Act 1990 .]
F43 Schedule 9, [paragraph 6];	Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982.
Schedule 15 paragraph 14(5);	Paragraph 15(3) of Schedule 14 to the Finance Act 1984.
[F44 Schedule 15B, paragraph 5(2);]	F45 . . .
F46 . . .	F47 [Section 85(1) and (2) of the Finance Act 1988 ]
Schedule 22, paragraph 4.	F48 [Regulations under section 57 of the Finance Act 1989.]
Section 32 of the Finance Act 1973.	F49 . . .
Paragraph 2 of Schedule 15 to the Finance Act 1973.	[F50 Regulations under section 33 of the Finance Act 1991].
Regulations under section [F51 151 of the 1992 Act].	F52 . . .
Paragraph [F53 2(9) of Schedule 1 to the 1992 Act].	[F54 Section 28(2) of the Finance (No.2) Act 1992.]
F55 [Sections 23(4) and 49(4) of the Capital Allowances Act 1990 ]	[F56 Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.]
Section [F57 98 of the 1992 Act].	[F58 regulations under section 73 of the Finance Act 1995;]
Paragraph 15(1) of Schedule 14 to the Finance Act 1984.
Paragraph 6(1) of Schedule 22 to the Finance Act 1985.
[F59 Section 79(6) of the 1992 Act].
F60 [Regulations under section 57 of the Finance Act 1989 ]
F61 [Section 73 of the Finance Act 1989 ]
F48 [Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ]
[F62 235 of the 1992 Act].
[F50 Regulations under section 33 of the Finance Act 1991]
[F63 Paragraph [F64 10 of Schedule 5 to the 1992 Act]]
[F65 section 86(12) of the Finance Act 1995;]

The references in this Table to regulations under section 602 have effect only for the purpose of giving effect to any provision mentioned in paragraphs (a) and (b) of subsection (2) of that section]

Textual Amendments

F1 Finance Act 1989 (c. 26), s. 164(2), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F2 Finance Act 1990 (c. 29), s. 68(3)(a) for transactions carried out on or after 1 July 1990.

F3 Finance Act 1989 (c. 26), s. 164(3), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F4 Finance Act 1989 (c. 26), s. 164(4), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F5 Finance Act 1990 (c. 29), s. 68(3)(b) for transactions carried out on or after 1 July 1990.

F6 Table substituted by Income and Corporation Taxes Act 1988 (c. 1), Sch. 29 para. 9 (see also Finance Act 1988 (c. 39), Sch. 14 Part VI).

F7 Words repealed by Finance Act 1989 (c. 26), ss. 164(5)(a)and 187and Sch. 17 Part VIII in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F8 Words in s. 98 repealed (with effect in accordance with reg. 1(1) of the amending S.I.) by The General and Special Commissioners (Amendment of Enactments) Regulations 1994 (S.I. 1994/1813), Sch. 1 para. 13, Sch. 2 Pt. I

F9 Words in s. 98 inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 40(2)

F10 Entries transferred to column 1 from column 2 by Finance Act 1989 (c. 26), s. 164(5)(b) in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F11 Words in s. 98 Table inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 78(2)

F12 Words in s. 98 inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 29 para. 2(1)(b)

F13 Words in s. 98 substituted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 29 para. 2(2)(b)

F14 Words in s. 98 inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 29 para. 2(1)(a)

F15 Words in s. 98 inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 29 para. 2(2)(a)

F16 Repealed by Finance Act 1988 (c. 39), s. 148and Sch. 14 Part VI in relation to acquisitions on or after 26 October 1987.

F17 Words in s. 98 repealed (with effect in accordance with s. 61(2)(3) of the amending Act) by Finance Act 1997 (c. 16), Sch. 18 Pt. 6(3) Note 2

F18 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 10

F19 Finance Act 1990 (c. 29), s. 28(2).

F20 Words in s. 98 Table inserted (with effect in accordance with Sch. 8 paras. 55, 57 of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 50(a)

F21 Finance Act 1990 (c. 29), s. 30and Sch. 5 para. 15.

F22 Words repealed by Finance Act 1989 (c. 26), ss. 164(5)(c), 187, Sch. 17 Part VIII in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F23 Words in s. 98 Table inserted (with effect in accordance with Sch. 8 paras. 55, 57 of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 50(b)

F24 S. 98 entries inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 32 para. 2

F25 Finance Act 1989 (c. 26), s. 164(5)(c)in relation to any failure to comply with a notice etc. on or after 27 July 1989.

F26 Words in s. 98 Table substituted (1.5.1995) by Finance Act 1995 (c. 4), s. 57(3)

F27 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(a)

F28 Words in s. 98 Table substituted (1.1.1996) by Finance Act 1994 (c. 9), s. 105(4)(b)(5); S.I. 1995/3125, art. 2

F29 Words in s. 98 substituted (29.4.1996) by Finance Act 1996 (c. 8), s. 178(2)

F30 Words in s. 98 Table substituted (with effect in accordance with s. 74(2) of the amending Act) by Finance Act 1995 (c. 4), Sch. 17 para. 23

F31 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(c)

F32 S. 98 entry repealed (with effect in accordance with s. 159(1) of the amending Act) by Finance Act 1996 (c. 8), Sch. 41 Pt. 5(21)

F33 Finance Act 1990 (c. 29), s. 68(3)(c), (d)respectively.

F34 Words in s. 98 repealed (with effect in accordance with Sch. 10 para. 16(3) by the amending Act) by Finance Act 1997 (c. 16), Sch. 18 Pt. 6(10)

F35 Words in s. 98 repealed (with effect in accordance with Sch. 7 para. 32 of the amending Act) by Finance Act 1996 (c. 8), Sch. 7 para. 29(b), Sch. 41 Pt. 5(2) (with Sch. 7 paras. 33-35)

F36 Words in s. 98 inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 25 para. 5

F37 Words in s. 98 Table inserted (with effect in accordance with s. 71(4) of the amending Act) by Finance Act 1995 (c. 4), s. 71(3)(b)

F38 Words in s. 98 repealed (with effect in accordance with Sch. 7 para. 32 of the amending Act) by Finance Act 1996 (c. 8), Sch. 7 para. 29(a), Sch. 41 Pt. 5(2) (with Sch. 7 paras. 33-35)

F39 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(b)(i) (with ss. 60, 101(1), 171, 201(3)).

F40 Capital Allowances Act 1990 (c. 1), s. 164, Sch. 1 para. 1(3).

F41 Word in s. 98 Table inserted (with effect in accordance with s. 98 of the amending Act) by Finance Act 1995 (c. 4), s. 97(3)

F42 Words in s. 98 substituted (19.3.1997) by Finance Act 1997 (c. 16), Sch. 16 para. 9

F43 Finance Act 1990 (c. 29), s. 89and Sch. 14 para. 15 (correction of errors)—deemed to have been made by the Taxes Act 1988.

F44 Words in s. 98 Table inserted (with effect in accordance with s. 71(4) of the amending Act) by Finance Act 1995 (c. 4), s. 71(3)(a)

F45 Repealed by Capital Allowances Act 1990 (c. 1), s. 164(4), Sch. 2

F46 Repealed by Finance Act 1989 (c. 26), s. 187and Sch. 17 Part Von and after 27 July 1989.

F47 Finance Act 1988 (c. 39), s. 85(3).

F48 Finance Act 1989 (c. 26), s. 107and Sch. 12 para. 5.

F49 Words in s. 98 Table repealed (16.7.1992 with application in relation to claims made after 16.7.1992) by Finance (No. 2) Act 1992 (c. 48), ss. 28, 82, Sch. 18 Pt.VII.

F50 Words in s. 98 Table added (25.7.1991) by Finance Act 1991 (c. 31),, s. 33(2)

F51 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(a)(i) (with ss. 60, 101(1), 171, 201(3)).

F52 Words in s. 98 repealed (with effect in accordance with s. 97 of the repealing Act) by Finance Act 1994 (c. 9), Sch. 26 Pt. 5(10)

F53 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(a)(ii) (with ss. 60, 101(1), 171, 201(3)).

F54 Entry in s. 98 Table inserted (16.7.1992 with application in relation to claims made after 16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 28(4)(6).

F55 Capital Allowances Act 1990 (c. 1), s. 164and Sch. 1 para. 1(2).Previously

“sections 67(4) of, and paragraph 4(3) of Schedule 12 to, the Finance Act 1980”.

F56 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(6)

F57 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(a)(iii) (with ss. 60, 101(1), 171, 201(3)).

F58 Words in s. 98 Table inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 73(5)

F59 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10(a)(iv) (with ss. 60, 101(1), 171, 201(3)).

F60 Finance Act 1989 (c. 26), s. 57(2).

F61 Finance Act 1989 (c. 26), s. 73(9).

F62 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(v) (with ss. 60, 101(1), 171, 201(3)).

F63 Words in s. 98 Table inserted (25.7.1991) by Finance Act 1991 (c. 31), s. 89(1), Sch. 16 para. 17

F64 Words in s. 98 Table substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 2(10)(a)(vi) (with ss. 60, 101(1), 171, 201(3)).

F65 Words in s. 98 Table inserted (1.5.1995) by virtue of Finance Act 1995 (c. 4), s. 86(12)

Modifications etc. (not altering text)

C1 S. 98 applied (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 1(4), 173(4), Sch. 1, para. 6(7)

S. 98 applied (N.I.) (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 1(4), 173(4), Sch. 1, para. 6(7)

C2 S. 98 amended (27.7.1993) by 1993 c. 34, s. 187(8)

C3 S. 98 applied (with modifications) (1.10.1993) by S.I. 1993/2004, reg. 11(12)(13)

C4 S. 98 applied (with modifications) (1.7.1997) by The Manufactured Dividends (Tax) Regulations 1997 (S.I. 1997/993), regs. 1, 8(5)(6)

C5 S. 98(1) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 13(3)

C6 S. 98(2) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 14(3)(a)

C7 See—Taxes Management Act 1970 (c. 9), s. 53(1)—s. 98(3) not applicable where penalty under s. 51 or 52 awarded summarily. Taxes Management Act 1970 (c. 9), s. 119, Sch. 4 para. 10—application of s. 98 in relation to repealed provisions. Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1)—Oil Taxation Acts—regarding modifications relating to petroleum revenue tax and supplementary petroleum tax. Finance Act 1981 (c. 35), s. 134, Sch. 17 para. 18—application of this section to the special tax on banking deposits. Social Security Act 1975 (c. 14), Sch. 1 para. 5(2)—s. 98 applied in relation to regulations made under Social Security Act 1975, Sch. 1 para. 5(1) as they apply in relation to regulations made under Income and Corporation Taxes Act 1970 s. 204 (now Income and Corporation Taxes Act 1988 (c. 1), s. 203). Social Security (Northern Ireland) Act 1975 (c. 15), Sch. 1 para. 5(2)—s. 98 applied in relation to regulations made under Social Security (Northern Ireland) Act 1975 Sch. 1 para. 5(1)a s they apply in relation to regulations made under Income and Corporation Taxes Act 1970 s. 204 (now Income and Corporation Taxes Act 1988 (c. 1), s. 203).