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 (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)[F6 , (4D)[F7 , (4DA)] or (4E)] 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 [F8 or local authority] 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 [F9 or authority]—

(i) does not believe that [F10 one] of the conditions specified in section 349B of the principal Act is satisfied, or

(ii) where it believes that [F10 one] 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 [F11 or authority] reasonably believes that one of those conditions is satisfied, and

(d) [F12 none] of those conditions is satisfied at the time the payment is made.

[F13 (4C) In subsection (4B) above—

• “company” includes a partnership of which any member is a company; and

• “local authority” includes a partnership of which any member is a local authority.]]

[F14 (4D) A payment is within this subsection if—

(a) it is a payment to which section 349(1) of the principal Act (requirement to deduct tax) applies,

(b) it is made by a company which, purporting to rely on section 349E(1) of that Act (power for companies to take account of double taxation treaty relief when paying royalties), deducts less tax from the payment than required by section 349(1) of that Act , and

(c) at the time the payment is made the payee (within the meaning of section 349E of that Act) is not entitled to relief in respect of the payment under any arrangements under section 788 of that Act (double taxation relief) and the company—

(i) does not believe that it is entitled to such relief, or

(ii) if it does so believe, cannot reasonably do so.]

[F15 (4DA) A payment is within this subsection if—

(a) it is a payment to which section 349(1) of the principal Act (requirement to deduct tax) applies,

(b) a company, purporting to rely on section 101 of the Finance Act 2004 (payment of royalties without deduction at source), makes the payment without deduction of tax under section 349(1) of the principal Act, and

(c) at the time the payment is made [F16 section 758 of ITTOIA 2005] does not apply to the payment and the company—

(i) does not believe that that section does so apply, or

(ii) if it does so believe, cannot reasonably do so.]

[F17 (4E) A payment is within this subsection if—

(a) it is an interest distribution made to a unit holder by the trustees of an authorised unit trust,

(b) the trustees, in purported reliance on the reputable intermediary condition being fulfilled with respect to the unit holder, do not comply with the obligation under section 349(2) of the principal Act to make a deduction from the interest distribution,

(c) that obligation would apply if that condition were not so fulfilled, and

(d) the trustees did not believe that the unit holder was not ordinarily resident in the United Kingdom or could not reasonably have so believed (so that that condition was not so fulfilled).

Expressions used in this subsection have the same meaning as in [F18 regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964))].]

[F19 (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”.]

[F20 TABLE

1.	2.
Part III of this Act, F21 . . .	In the principal Act—
[F22 regulations under section 59E of this Act;]	F23 . . .
F24 . . .	[F25 regulations under section 42A;]
In the principal Act—	F26 . . .
F27 [section 38(5)];	F28 . . .
F27 [section 42];	F28 . . .
[F25 regulations under section 42A;]	F29 . . .
F28 . . .	F30 . . .
F28 . . .	F31 ...
F32 . . .	F33 . . .
F34 . . .	F32 . . .
section 217;	F35 . . .
section 226(3) and (4);	F36 . . .
section 234(7)(b), (8) and (9);	section 216;
[F37 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)[F38 , (2A)] and (3);
F39 . . .	F40 . . .
regulations under section 333;	F41 . . .
[F42 regulations under section 333B;]	Regulations under section 333;
[F43 regulations under section 431E(1) or 441A(3);]	[F42 regulations under section 333B;]
F44 . . .	section 350(1);
F45 . . .	section 375(5);
regulations under section 476(1);	[F46 regulations under section 431E(1) or 441A(3);]
F47 [regulations under section 477A ]	[F48 regulations under section 444BB;]
F49 . . .	[F48 regulations under section 444BD;]
section 482(3);	regulations under section 476(1);
regulations under section 482(11);	F47 [regulations under section 477A ;]
section 483;	F50 [section 482(2) ]
Regulations under section 555(7);	regulations under section 482(11);
F51 . . .	[F52 section 552;]
section 588(7);	[F53 regulations under section 552ZA(6);]
regulations under section 602;	regulations under section 555(7);
[F54 regulations under section 605(1A)(b) to (d);]	F55 . . .
[F56 section 605(3)(b) and (4);]	section 577(4);
regulations under section 612(3);	section 588(6);
regulations under section 639;	regulations under section 602;
[F57 regulations under section 651A(1)(b) to (d);]	[F58 regulations under section 605(1A)(a);]
F59 . . .	section 605(3)(a);
F60 . . .	regulations under section 612(3);
section 700(4);	regulations under section 639;
section 708;	[F61 regulations under section 651A(1)(a);]
section 728;	F62 [section 765A(2)(a);]
F63 . . .	F64 . . .
section 730(8);	F65 . . .
F66 . . .	F67 . . .
section 745(1);	F67 . . .
section 755;	regulations under paragraph 7 of Schedule 14;
F62 [section 765A(2)(b) ;]	Schedule 15, paragraph 14(4);
[F68 section 767C;]	[F69 Schedule 15B, paragraph 5(1);]
section 768(9);	Schedule 16;
F64 . . .	Schedule 22, paragraph 2.
section 774(5);	Regulations under section [F70 151 of the 1992 Act].
section 778;	[F71 Sections 43(5) and (6), [F72 45B(5) and (6),] [F73 45G(4) and (5)[F74 , 45I(5) and (6)],] 118 to 120, 145(2) and (3) and 203 of the Capital Allowances Act]
section 815;	Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982.
F75 . . .	Paragraph 15(3) of Schedule 14 to the Finance Act 1984.
Schedule 5, paragraph 10;	F76 . . .
F77 Schedule 9, [paragraph 6];	F78 . . .
Schedule 15 paragraph 14(5);	F79 [Regulations under section 57 of the Finance Act 1989.]
[F80 Schedule 15B, paragraph 5(2);]	F81 . . .
F82 . . .	[F83 Regulations under section 33 of the Finance Act 1991].
Schedule 22, paragraph 4.	F84 . . .
[F85 regulations under paragraph 11B(5) of Schedule 28B]	[F86 Section 28(2) of the Finance (No.2) Act 1992.]
Section 32 of the Finance Act 1973.	[F87 Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.]
Paragraph 2 of Schedule 15 to the Finance Act 1973.	[F88 regulations under section 73 of the Finance Act 1995;]
Regulations under section [F89 151 of the 1992 Act].	F90 . . .
Paragraph [F91 2(9) of Schedule 1 to the 1992 Act].	F90 . . .
F92 . . .	[F93 Section 86(4) of the Finance Act 1999.]
Section [F94 98 of the 1992 Act].	F95 . . .
Paragraph 15(1) of Schedule 14 to the Finance Act 1984.	[F96 paragraph 64 or 65 of Schedule 15 to the Finance Act 2000]
Paragraph 6(1) of Schedule 22 to the Finance Act 1985.	[F97 Paragraph 93(2) of Schedule 22 to the Finance Act 2000]
[F98 Section 79(6) of the 1992 Act].	[F99 Paragraph 129 of Schedule 22 to the Finance Act 2000]
F100 [Regulations under section 57 of the Finance Act 1989 ]	[F101 paragraph 6 of Schedule 34 to the Finance Act 2002]
F102 [Section 73 of the Finance Act 1989 ]	[F103 paragraph 7 of Schedule 35 to the Finance Act 2002]
F79 [Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ]	[F104 Regulations under Schedule 33 to the Finance Act 2002.]
[F105 Section [F106 235 of the 1992 Act].]	[F107 paragraph 42 of Schedule 16 to the Finance Act 2002]
[F83 Regulations under section 33 of the Finance Act 1991]	[F108 Section 421J(3) of ITEPA 2003.]
[F109 Section 169G(2) of the 1992 Act.]	[F110 Regulations under section 589 of ITEPA 2003.]
[F111 Paragraph 1(7) of Schedule 1 to the 1992 Act.]	[F110 Regulations under section 715 of ITEPA 2003.]
[F112 Paragraph [F113 10 of Schedule 5 to the 1992 Act]]	[F110 PAYE regulations.]
[F114 section 86(12) of the Finance Act 1995;]	[F110 Paragraph 52 of Schedule 5 to ITEPA 2003.]
F115 . . .	[F116 section 55 of the Finance Act 2004]
[F117 paragraph 66 of Schedule 15 to the Finance Act 2000]	[F118 Regulations under section 65(2), 69(1), 70(1)(a) or (c) or 71 of the Finance Act 2004.]
F119 . . .	[F120 Section 75(4) of ITTOIA 2005.]
[F121 paragraph 10 of Schedule 34 to the Finance Act 2002]	[F120 Regulations under Chapter 3 of Part 6 of ITTOIA 2005.]
[F122 paragraph 11 of Schedule 35 to the Finance Act 2002]	[F123 section 37(3) of the Finance Act 2005;]
[F104 Regulations under Schedule 33 to the Finance Act 2002.]	[F123 section 37(6) of the Finance Act 2005;]
[F124 Section 421J(4) of ITEPA 2003.]
[F125 Regulations under section 589 of ITEPA 2003.]
[F125 Regulations under section 715 of ITEPA 2003.]
[F125 Paragraph 93 of Schedule 2 to ITEPA 2003.]
[F125 Paragraph 45 of Schedule 3 to ITEPA 2003.]
[F125 Paragraph 33 of Schedule 4 to ITEPA 2003.]
[F125 Paragraph 51 of Schedule 5 to ITEPA 2003.]
[F126 Regulations under section 70(3) of the Finance Act 2004.]
[F127 Section 75(5) of ITTOIA 2005.]
[F127 Section 128 of ITTOIA 2005 ]
[F127 Section 305 of ITTOIA 2005. ]
[F127 Section 647 of ITTOIA 2005. ]
[F127 Regulations under Chapter 3 of Part 6 of ITTOIA 2005.]
[F128 section 40(1) of the Finance Act 2005]
[F129 regulations under section 17(3) of the Finance (No. 2) Act 2005]

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 S. 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)

F6 Words in s. 98(4A)(b) substituted (with effect in accordance with s. 203(14) of the amending Act) by Finance Act 2003 (c. 14), s. 203(11)

F7 Words in s. 98(4A)(b) inserted (with effect in accordance with s. 97(5)(6) of the amending Act) by Finance Act 2004 (c. 12), s. 105(2) (with s. 106)

F8 Words in s. 98(4B)(a) inserted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(5)(a)

F9 Words in s. 98(4B)(b) inserted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(5)(b)(i)

F10 Word in s. 98(4B)(b) substituted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(5)(b)(ii)

F11 Words in s. 98(4B)(c) inserted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(5)(c)

F12 Word in s. 98(4B)(d) substituted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(5)(d)

F13 S. 98(4C) substituted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(6)

F14 S. 98(4D) inserted (with application in accordance with s. 96(4) of the amending Act) by Finance Act 2002 (c. 23), s. 96(3)(b)

F15 S. 98(4DA) inserted (with effect in accordance with s. 97(5)(6) of the amending Act) by Finance Act 2004 (c. 12), s. 105(3) (with s. 106)

F16 Words in s. 98(4DA)(c) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(2) (with Sch. 2)

F17 S. 98(4E) inserted (with effect in accordance with s. 203(14) of the amending Act) by Finance Act 2003 (c. 14), s. 203(12)

F18 Words in s. 98(4E) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), regs. 1(1), 87(2)(a)

F19 Finance Act 1990 (c. 29), s. 68(3)(b) for transactions carried out on or after 1 July 1990.

F20 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).

F21 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.

F22 Words 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)

F23 Words 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)

F24 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

F25 Words in s. 98 inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 40(2)

F26 Words 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)

F27 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.

F28 Words in s. 98 repealed (28.7.2000) by Finance Act 2000 (c. 17), Sch. 40 Pt. 2(17)

F29 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(a), Sch. 8 Pt. 1 (with Sch. 7)

F30 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(b), Sch. 8 Pt. 1 (with Sch. 7)

F31 Repealed by Finance Act 1988 (c. 39), s. 148and Sch. 14 Part VI in relation to acquisitions on or after 26 October 1987.

F32 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

F33 Words 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)

F34 Words in s. 98 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(2)(a), Sch. 8 Pt. 1 (with Sch. 7)

F35 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(c), Sch. 8 Pt. 1 (with Sch. 7)

F36 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(d), Sch. 8 Pt. 1 (with Sch. 7)

F37 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 10

F38 Word 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)

F39 Words in s. 98 repealed (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(3)(a), Sch. 3 (with Sch. 2)

F40 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(e), Sch. 8 Pt. 1 (with Sch. 7)

F41 Words in s. 98 repealed (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(4)(a), Sch. 3 (with Sch. 2)

F42 Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 77(2)

F43 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)

F44 Words in s. 98 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), regs. 1(1), 87(2)(b)(i)

F45 Words in s. 98 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), regs. 1(1), 87(2)(b)(ii)

F46 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)

F47 Finance Act 1990 (c. 29), s. 30and Sch. 5 para. 15.

F48 S. 98 entries inserted (29.4.1996) by Finance Act 1996 (c. 8), Sch. 32 para. 2

F49 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.

F50 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.

F51 Words in s. 98 repealed (with effect in accordance with s. 77 of the amending Act) by Finance Act 2004 (c. 12), Sch. 12 para. 7(2), Sch. 42 Pt. 2(7)

F52 Words 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)

F53 Words 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)

F54 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(a)

F55 Words in s. 98 repealed (with effect in accordance with s. 77 of the amending Act) by Finance Act 2004 (c. 12), Sch. 12 para. 7(3), Sch. 42 Pt. 2(7)

F56 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

F57 Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 96(3)(a)

F58 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 105(4)(c)

F59 S. 98 entry repealed (1.10.2000) by Finance Act 1998 (c. 36), s. 96(3)(b)(4), Sch. 27 Pt. III(21); S.I. 2000/2319, art. 2

F60 Words in s. 98 repealed (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(3)(b), Sch. 3 (with Sch. 2)

F61 Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 96(3)(c)

F62 Finance Act 1990 (c. 29), s. 68(3)(c), (d)respectively.

F63 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)

F64 Words 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)

F65 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)

F66 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)

F67 Words 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)

F68 Words 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)

F69 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)

F70 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)).

F71 Words 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)

F72 Words 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

F73 Words in s. 98 inserted (with effect in accordance with s. 63(3) of the amending Act) by Finance Act 2002 (c. 23), Sch. 21 para. 7(2)

F74 Words in s. 98 inserted (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14), Sch. 30 para. 6

F75 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)

F76 Repealed by Capital Allowances Act 1990 (c. 1), s. 164(4), Sch. 2

F77 Finance Act 1990 (c. 29), s. 89and Sch. 14 para. 15 (correction of errors)—deemed to have been made by the Taxes Act 1988.

F78 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(f), Sch. 8 Pt. 1 (with Sch. 7)

F79 Finance Act 1989 (c. 26), s. 107and Sch. 12 para. 5.

F80 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)

F81 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.

F82 Repealed by Finance Act 1989 (c. 26), s. 187and Sch. 17 Part Von and after 27 July 1989.

F83 Words in s. 98 Table added (25.7.1991) by Finance Act 1991 (c. 31),, s. 33(2)

F84 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)

F85 Words 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)

F86 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).

F87 Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(6)

F88 Words in s. 98 Table inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 73(5)

F89 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)).

F90 Words in s. 98 repealed (6.4.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), s. 13, Sch. 2 Pt. 1; S.I. 2004/1943, art. 6(b)(i)

F91 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)).

F92 Words 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)

F93 Words in s. 98 inserted (27.7.1999) by Finance Act 1999 (c. 16), s. 86(9)

F94 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)).

F95 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(4)(g), Sch. 8 Pt. 1 (with Sch. 7)

F96 Words 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)

F97 Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 93(4)

F98 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)).

F99 Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 129(3)

F100 Finance Act 1989 (c. 26), s. 57(2).

F101 Words 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)

F102 Finance Act 1989 (c. 26), s. 73(9).

F103 Words 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)

F104 Words in s. 98 inserted (24.7.2002) by Finance Act 2002 (c. 23), Sch. 33 para. 15

F105 Words in s. 98 inserted by Finance Act 1990 (c. 29), s. 39(9)

F106 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)).

F107 Words in s. 98 inserted (23.1.2003) by Finance Act 2002 (c. 23), s. 57(3), Sch. 17 para. 1; S.I. 2003/88, art. 2

F108 Words in s. 98 substituted (with effect in accordance with Sch. 22 para. 47(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 47(1)(b)

F109 Words in s. 98 inserted (with effect in accordance with Sch. 21 para. 10(1) of the amending Act) by Finance Act 2004 (c. 12), Sch. 21 para. 1(2)

F110 Words in s. 98 omitted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(5) (with Sch. 7)

F111 Words in s. 98 inserted (with effect in accordance with Sch. 28 para. 9 of the amending Act) by Finance Act 2003 (c. 14), Sch. 28 para. 6

F112 Words in s. 98 Table inserted (25.7.1991) by Finance Act 1991 (c. 31), s. 89(1), Sch. 16 para. 17

F113 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)).

F114 Words in s. 98 Table inserted (1.5.1995) by virtue of Finance Act 1995 (c. 4), s. 86(12)

F115 Words in s. 98 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(2)(b), Sch. 8 Pt. 1 (with Sch. 7)

F116 Words in s. 98 inserted (with effect in accordance with s. 55(7) of the amending Act) by Finance Act 2004 (c. 12), s. 55(6)

F117 Words 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)

F118 Words in s. 98 inserted (with effect in accordance with s. 77 of the amending Act) by Finance Act 2004 (c. 12), Sch. 12 para. 7(5)

F119 Words in s. 98 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(2)(c), Sch. 8 Pt. 1 (with Sch. 7)

F120 Words in s. 98 inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(4)(b) (with Sch. 2)

F121 Words 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)

F122 Words 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)

F123 Words in s. 98 inserted (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(3)

F124 Words in s. 98 inserted (with effect in accordance with Sch. 22 para. 47(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 47(1)(a)

F125 Words in s. 98 inserted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 137(3) (with Sch. 7)

F126 Words in s. 98 inserted (with effect in accordance with s. 77 of the amending Act) by Finance Act 2004 (c. 12), Sch. 12 para. 7(4)

F127 Words in s. 98 inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 379(3)(c) (with Sch. 2)

F128 Words in s. 98 inserted (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(2)

F129 Words in s. 98 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), regs. 1(1), 87(2)(b)(iii)

Modifications etc. (not altering text)

C1 S. 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).

C2 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)

C3 S. 98 amended (27.7.1993) by 1993 c. 34, s. 187(8)

C4 S. 98 applied (with modifications) (1.10.1993) by The Income Tax (Manufactured Overseas Dividends) Regulations 1993 (S.I. 1993/2004), reg. 11(12)(13)

C5 S. 98 applied (with modifications) (1.7.1997) by The Manufactured Dividends (Tax) Regulations 1997 (S.I. 1997/993), regs. 1, 8(5)(6)

C6 S. 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))

C7 S. 98 applied (with modifications) (N.I.) (1.4.2000) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (S.R. 2000/121), regs. 1, 7(1), 43(6)

C8 S. 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)

C9 S. 98 modified (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(4)

C10 S. 98(1) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 13(3)

C11 S. 98(2) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 14(3)(a)