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Taxes Management Act 1970

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98 Special returns, etc.U.K.

(1)[F1Subject to [F2the 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 [F1subsections (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)[F3Subject 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(4A)If—

(a)a failure to comply with section 350(1) of, or Schedule 16 to, the principal Act arises from a person’s failure to deliver an account, or show the amount, of a payment, and

(b)the payment is within subsection (4B) below,

subsection (1) above shall have effect as if for “£300” there were substituted “£3,000” and as if for “£60” there were substituted “£600”.

(4B)A payment is within this subsection if—

(a)the payment is made by a company without an amount representing the income tax on the payment being deducted from the payment,

(b)at the time the payment is made, the company—

(i)does not believe that either of the conditions specified in section 349B of the principal Act is satisfied, or

(ii)where it believes that either of those conditions is satisfied, could not reasonably so believe,

(c)the payment is one from which tax is deductible under section 349 of the principal Act unless the company reasonably believes that one of those conditions is satisfied, and

(d)neither of those conditions is satisfied at the time the payment is made.

(4C)In subsection (4B) above “company” includes a partnership of which any member is a company.]

[F6(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”.]

[F7TABLE

1.2.
Part III of this Act, F8. . .In the principal Act—
[F9regulations under section 59E of this Act;]F10. . .
F11. . .[F12regulations under section 42A;]
In the principal Act—F13. . .
F14[section 38(5)];F15. . .
F14[section 42];F15. . .
[F12regulations under section 42A;]section 136(6);
F15. . . [F16section 140G;]
F15. . .F17...
F18. . .F19. . .
regulations under section 202;F18. . .
section 217;regulations under section 202;
section 226(3) and (4);regulations under section 203;
section 234(7)(b), (8) and (9);section 216;
[F20section 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)[F21, (2A)] and (3);
F22[regulations under section 326C ]section 313(5);
regulations under section 333;F22[Regulations under section 326C ]
[F23regulations under section 333B;]Regulations under section 333;
[F24regulations under section 431E(1) or 441A(3);][F23regulations under section 333B;]
regulations under section 476(1);section 350(1);
F25[regulations under section 477A ]section 375(5);
F26. . . [F27regulations under section 431E(1) or 441A(3);]
section 482(3);[F28regulations under section 444BB;]
regulations under section 482(11); [F28regulations under section 444BD;]
section 483;regulations under section 476(1);
Regulations under section 555(7);F25[regulations under section 477A ;]
section 561(8);F29[section 482(2) ]
section 588(7);regulations under section 482(11);
regulations under section 602; [F30section 552;]
[F31regulations under section 605(1A)(b) to (d);] [F32regulations under section 552ZA(6);]
[F33section 605(3)(b) and (4);]regulations under section 555(7);
regulations under section 612(3); [F34regulations under section 566(1), (2) or (2A);]
regulations under section 639;section 577(4);
[F35regulations under section 651A(1)(b) to (d);]section 588(6);
F36. . .regulations under section 602;
[F37section 660F] [F38regulations under section 605(1A)(a);]
section 700(4);section 605(3)(a);
section 708;regulations under section 612(3);
section 728;regulations under section 639;
F39. . . [F40regulations under section 651A(1)(a);]
section 730(8);F41[section 765A(2)(a);]
F42. . .F43. . .
section 745(1);F44. . .
section 755;F45. . .
F41[section 765A(2)(b) ;]F45. . .
[F46section 767C;]regulations under paragraph 7 of Schedule 14;
section 768(9);Schedule 15, paragraph 14(4);
F43. . . [F47Schedule 15B, paragraph 5(1);]
section 774(5);Schedule 16;
section 778;Schedule 22, paragraph 2.
section 815;Regulations under section [F48151 of the 1992 Act].
F49. . . [F50Sections 43(5) and (6), [F5145B(5) and (6),] 118 to 120, 145(2) and (3) and 203 of the Capital Allowances Act]
Schedule 5, paragraph 10;Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982.
F52Schedule 9, [paragraph 6];Paragraph 15(3) of Schedule 14 to the Finance Act 1984.
Schedule 15 paragraph 14(5);F53. . .
[F54Schedule 15B, paragraph 5(2);]F55[Section 85(1) and (2) of the Finance Act 1988 ]
F56. . .F57[Regulations under section 57 of the Finance Act 1989.]
Schedule 22, paragraph 4.F58. . .
[F59regulations under paragraph 11B(5) of Schedule 28B][F60Regulations under section 33 of the Finance Act 1991].
Section 32 of the Finance Act 1973.F61. . .
Paragraph 2 of Schedule 15 to the Finance Act 1973.[F62Section 28(2) of the Finance (No.2) Act 1992.]
Regulations under section [F63151 of the 1992 Act]. [F64Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.]
Paragraph [F652(9) of Schedule 1 to the 1992 Act]. [F66regulations under section 73 of the Finance Act 1995;]
F67. . . [F68Section 110ZA of the Social Security Administration Act 1992.]
Section [F6998 of the 1992 Act]. [F70Section 104ZA of the Social Security Administration (Northern Ireland) Act 1992.]
Paragraph 15(1) of Schedule 14 to the Finance Act 1984. [F71Section 86(4) of the Finance Act 1999.]
Paragraph 6(1) of Schedule 22 to the Finance Act 1985. [F72paragraph 65 of Schedule 14 to the Finance Act 2000;]
[F73Section 79(6) of the 1992 Act].[F74paragraph 64 or 65 of Schedule 15 to the Finance Act 2000]
F75[Regulations under section 57 of the Finance Act 1989 ][F76Paragraph 93(2) of Schedule 22 to the Finance Act 2000]
F77[Section 73 of the Finance Act 1989 ][F78Paragraph 129 of Schedule 22 to the Finance Act 2000]
F57[Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ][F79paragraph 6 of Schedule 34 to the Finance Act 2002]
[F80235 of the 1992 Act].[F81paragraph 7 of Schedule 35 to the Finance Act 2002]
[F60Regulations under section 33 of the Finance Act 1991]
[F82Paragraph [F8310 of Schedule 5 to the 1992 Act]]
[F84section 86(12) of the Finance Act 1995;]
[F85paragraph 117 of Schedule 8 to the Finance Act 2000]
[F86paragraph 64 of Schedule 14 to the Finance Act 2000;]
[F87paragraph 66 of Schedule 15 to the Finance Act 2000]
[F88paragraph 10 of Schedule 34 to the Finance Act 2002]
[F89paragraph 11 of Schedule 35 to the Finance Act 2002]

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

F1Finance Act 1989 (c. 26), s. 164(2), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F2Finance Act 1990 (c. 29), s. 68(3)(a) for transactions carried out on or after 1 July 1990.

F3Finance Act 1989 (c. 26), s. 164(3), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F4Finance Act 1989 (c. 26), s. 164(4), (7) in relation to failures beginning, or information etc. furnished, on or after 27 July 1989.

F5S. 98(4A)-(4C) inserted (with effect in accordance with s. 85(4) of the amending Act) by Finance Act 2001 (c. 9), s. 85(2)

F6Finance Act 1990 (c. 29), s. 68(3)(b) for transactions carried out on or after 1 July 1990.

F8 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.

F9Words in s. 98 inserted (with effect in accordance with s. 89(3) of the amending Act) by Finance Act 1999 (c. 16), s. 89(1)

F10Words in s. 98 repealed (with effect in accordance with s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(4)

F11Words 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

F12Words in s. 98 inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 40(2)

F13Words in s. 98 repealed (with effect in accordance with s. 37(3) of the amending Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(3)

F14 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.

F15Words in s. 98 repealed (28.7.2000) by Finance Act 2000 (c. 17), Sch. 40 Pt. 2(17)

F16Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 52(2)

F17 Repealed by Finance Act 1988 (c. 39), s. 148and Sch. 14 Part VI in relation to acquisitions on or after 26 October 1987.

F18Words 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

F19Words in s. 98 repealed (with application in accordance with s. 58(4) of the amending Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(9)

F20Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 10

F21Word in s. 98 inserted (with effect in accordance with Sch. 15 para. 39(2) of the amending Act) by Finance Act 2001 (c. 9), Sch. 15 para. 39(1)

F23Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 77(2)

F24Words 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)

F25Finance Act 1990 (c. 29), s. 30and Sch. 5 para. 15.

F26 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.

F27Words 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)

F28S. 98 entries inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 32 para. 2

F29Finance 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.

F30Words in s. 98 substituted (with effect in accordance with s. 83(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 28 para. 20(a)

F31Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(a)

F32Words in s. 98 substituted (with effect in accordance with s. 83(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 28 para. 20(b)

F33Words 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

F34Words in s. 98 substituted (29.4.1996) by Finance Act 1996 (c. 8), s. 178(2)

F35Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 96(3)(a)

F37Words 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

F38Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(c)

F39S. 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)

F40Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 96(3)(c)

F42Words 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)

F43Words in s. 98 repealed (with effect in accordance with s. 108(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(25)

F44Words 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)

F45Words in s. 98 repealed (with effect in accordance with Sch. 3 by the amending Act) by Finance Act 1998 (c. 36), Sch. 27 Pt. 3(2)

F46Words in s. 98 inserted (with effect in accordance with s. 115(3) of the amending Act) by Finance Act 1998 (c. 36), s. 115(2)

F47Words 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)

F48Words 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)).

F49Words 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)

F50Words in s. 98 substituted (with effect in accordance with s. 579(1) of the amending Act) by Capital Allowances Act 2001 (c. 2), Sch. 2 para. 4(2) (with Sch. 3)

F51Words in s. 98 inserted (with effect in accordance with s. 65 of the amending Act) by Finance Act 2001 (c. 9), Sch. 17 para. 5

F52Finance Act 1990 (c. 29), s. 89and Sch. 14 para. 15 (correction of errors)deemed to have been made by the Taxes Act 1988.

F53 Repealed by Capital Allowances Act 1990 (c. 1), s. 164(4), Sch. 2

F54Words 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)

F56 Repealed by Finance Act 1989 (c. 26), s. 187and Sch. 17 Part Von and after 27 July 1989.

F57Finance Act 1989 (c. 26), s. 107and Sch. 12 para. 5.

F58Words 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.

F59Words in s. 98 inserted (with application in accordance with Sch. 18 para. 8(4) of the amending Act) by Finance Act 2000 (c. 17), Sch. 18 para. 8(3)

F60Words in s. 98 Table added (25.7.1991) by Finance Act 1991 (c. 31),, s. 33(2)

F61Words 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)

F62Entry 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).

F63Words 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)).

F64Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(6)

F65Words 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)).

F66Words in s. 98 Table inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 73(5)

F67Words in s. 98 repealed (with effect in accordance with s. 579(1) of the amending Act) by Capital Allowances Act 2001 (c. 2), Sch. 2 para. 4(1), Sch. 4 (with Sch. 3)

F68Words in s. 98 inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 5 para. 1; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

F69Words 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)).

F71Words in s. 98 inserted (27.7.1999) by Finance Act 1999 (c. 16), s. 86(9)

F72Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 14 para. 65(3)

F73Words 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)).

F74Words in s. 98 inserted (with effect in accordance with s. 63(4) of the amending Act) by Finance Act 2000 (c. 17), Sch. 16 para. 1(2)

F76Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 93(4)

F78Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 129(3)

F79Words in s. 98 inserted (retrospective and with application in accordance with s. 111(1)(2)(7)-(9) of the amending Act) by Finance Act 2002 (c. 23), s. 111(10), Sch. 34 para. 6(3)

F80Words 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)).

F81Words in s. 98 inserted (retrospective and with application in accordance with s. 113(1)(2)(6)-(8) of the amending Act) by Finance Act 2002 (c. 23), s. 113(9), Sch. 35 para. 7(3)

F82Words in s. 98 Table inserted (25.7.1991) by Finance Act 1991 (c. 31), s. 89(1), Sch. 16 para. 17

F83Words 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)).

F84Words in s. 98 Table inserted (1.5.1995) by virtue of Finance Act 1995 (c. 4), s. 86(12)

F85Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 17 para. 117(4)

F86Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 14 para. 64(3)

F87Words in s. 98 inserted (with effect in accordance with s. 63(4) of the amending Act) by Finance Act 2000 (c. 17), Sch. 16 para. 1(3)

F88Words in s. 98 inserted (retrospective and with application in accordance with s. 111(1)(2)(7)-(9) of the amending Act) by Finance Act 2002 (c. 23), s. 111(10), Sch. 34 para. 10(3)

F89Words in s. 98 inserted (retrospective and with application in accordance with s. 113(1)(2)(6)-(8) of the amending Act) by Finance Act 2002 (c. 23), s. 113(9), Sch. 35 para. 11(3)

Modifications etc. (not altering text)

C1S. 98 applied (with modifications) by Oil Taxation Act 1975 (c. 22), s. 1, Sch. 2 para. 1(1).

S. 98 applied by Finance Act 1981 (c. 35), s. 134, Sch. 17 para. 18 (special tax on banking deposits).

C3S. 98 amended (27.7.1993) by 1993 c. 34, s. 187(8)

C5S. 98 applied (with modifications) (1.7.1997) by The Manufactured Dividends (Tax) Regulations 1997 (S.I. 1997/993), regs. 1, 8(5)(6)

C6S. 98 modified by Social Security Administration Act 1992 (c. 5), s. 111(4) (as inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 5 para. 4(3); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6))

C8S. 98 applied (with modifications) (E.W.) (1.4.2000) by Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944), regs. 1(1), 7(1), 43(6)

C9S. 98(1) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 13(3)

C10S. 98(2) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 14(3)(a)

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