- Latest available (Revised)
- Point in Time (19/07/2006)
- Original (As enacted)
Version Superseded: 06/04/2007
Point in time view as at 19/07/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Taxes Management Act 1970, Section 98 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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)[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 [F8or 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 [F9or authority]—
(i)does not believe that [F10one] of the conditions specified in section 349B of the principal Act is satisfied, or
(ii)where it believes that [F10one] 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 [F11or authority] reasonably believes that one of those conditions is satisfied, and
(d)[F12none] 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 [F16section 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 [F18regulations 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”.]
1. | 2. |
---|---|
F21Part III of this Act, . . . | In the principal Act— |
[F22regulations under section 59E of this Act;] | F23. . . |
F24. . . | [F25regulations under section 42A;] |
In the principal Act— | F26. . . |
F27[section 38(5)]; | F28. . . |
F27[section 42]; | F28. . . |
[F25regulations 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; |
[F37section 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. . . |
[F42regulations under section 333B;] | Regulations under section 333; |
[F43regulations under section 431E(1) or 441A(3);] | [F42regulations under section 333B;] |
F44. . . | section 350(1); |
F45. . . | section 375(5); |
regulations under section 476(1); | [F46regulations under section 431E(1) or 441A(3);] |
F47[regulations under section 477A ] | [F48regulations under section 444BB;] |
F49. . . | [F48regulations 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. . . | [F52section 552;] |
section 588(7); | [F53regulations under section 552ZA(6);] |
F54. . . | regulations under section 555(7); |
F54. . . | F55. . . |
F54. . . | section 577(4); |
F54. . . | section 588(6); |
F54. . . | F54. . . |
F54. . . | F54. . . |
F56. . . | F54. . . |
F57. . . | F54. . . |
section 700(4); | F54. . . |
section 708; | F54. . . |
section 728; | F58[section 765A(2)(a);] |
F59. . . | F60. . . |
section 730(8); | F61. . . |
F62. . . | F63. . . |
section 745(1); | F63. . . |
section 755; | regulations under paragraph 7 of Schedule 14; |
F58[section 765A(2)(b) ;] | Schedule 15, paragraph 14(4); |
[F64section 767C;] | [F65Schedule 15B, paragraph 5(1);] |
section 768(9); | Schedule 16; |
F60. . . | Schedule 22, paragraph 2. |
section 774(5); | Regulations under section [F66151 of the 1992 Act]. |
section 778; | [F67Sections 43(5) and (6), [F6845B(5) and (6),] [F6945G(4) and (5)[F70, 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. |
F71. . . | Paragraph 15(3) of Schedule 14 to the Finance Act 1984. |
Schedule 5, paragraph 10; | F72. . . |
F73Schedule 9, [paragraph 6]; | F74. . . |
Schedule 15 paragraph 14(5); | F75[Regulations under section 57 of the Finance Act 1989.] |
[F76Schedule 15B, paragraph 5(2);] | F77. . . |
F78. . . | [F79Regulations under section 33 of the Finance Act 1991]. |
Schedule 22, paragraph 4. | F80. . . |
[F81regulations under paragraph 11B(5) of Schedule 28B] | [F82Section 28(2) of the Finance (No.2) Act 1992.] |
Section 32 of the Finance Act 1973. | [F83paragraph 12 of Schedule 4ZA to the 1992 Act] |
Paragraph 2 of Schedule 15 to the Finance Act 1973. | [F84Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.] |
Regulations under section [F85151 of the 1992 Act]. | [F86regulations under section 73 of the Finance Act 1995;] |
Paragraph [F872(9) of Schedule 1 to the 1992 Act]. | F88. . . |
F89. . . | F88. . . |
Section [F9098 of the 1992 Act]. | [F91Section 86(4) of the Finance Act 1999.] |
Paragraph 15(1) of Schedule 14 to the Finance Act 1984. | F92. . . |
Paragraph 6(1) of Schedule 22 to the Finance Act 1985. | [F93paragraph 64 or 65 of Schedule 15 to the Finance Act 2000] |
[F94Section 79(6) of the 1992 Act]. | [F95Paragraph 93(2) of Schedule 22 to the Finance Act 2000] |
F96[Regulations under section 57 of the Finance Act 1989 ] | [F97Paragraph 129 of Schedule 22 to the Finance Act 2000] |
F98[Section 73 of the Finance Act 1989 ] | [F99paragraph 6 of Schedule 34 to the Finance Act 2002] |
F75[Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ] | [F100paragraph 7 of Schedule 35 to the Finance Act 2002] |
[F101Section [F102235 of the 1992 Act].] | [F103Regulations under Schedule 33 to the Finance Act 2002.] |
[F79Regulations under section 33 of the Finance Act 1991] | [F104paragraph 42 of Schedule 16 to the Finance Act 2002] |
[F105Section 169G(2) of the 1992 Act.] | [F106Section 421J(3) of ITEPA 2003.] |
[F107Paragraph 1(7) of Schedule 1 to the 1992 Act.] | [F108Regulations under section 589 of ITEPA 2003.] |
[F109paragraph 14 of Schedule 4ZA to the 1992 Act] | [F108Regulations under section 715 of ITEPA 2003.] |
[F110Paragraph [F11110 of Schedule 5 to the 1992 Act]] | [F108PAYE regulations.] |
[F112section 86(12) of the Finance Act 1995;] | [F108Paragraph 52 of Schedule 5 to ITEPA 2003.] |
F113. . . | [F114section 55 of the Finance Act 2004] |
[F115paragraph 66 of Schedule 15 to the Finance Act 2000] | [F116Regulations under section 65(2), 69(1), 70(1)(a) or (c) or 71 of the Finance Act 2004.] |
F117. . . | [F118regulations under section 251(1)(a) or (4) of the Finance Act 2004;] |
[F119paragraph 10 of Schedule 34 to the Finance Act 2002] | [F120Section 75(4) of ITTOIA 2005.] |
[F121paragraph 11 of Schedule 35 to the Finance Act 2002] | [F120Regulations under Chapter 3 of Part 6 of ITTOIA 2005.] |
[F103Regulations under Schedule 33 to the Finance Act 2002.] | [F122section 37(3) of the Finance Act 2005;] |
[F123Section 421J(4) of ITEPA 2003.] | [F122section 37(6) of the Finance Act 2005;] |
[F124Regulations under section 589 of ITEPA 2003.] | [F125Section 106 of FA 2006 as modified by Schedule 17 to that Act.] |
[F124Regulations under section 715 of ITEPA 2003.] | [F125Section 116 of FA 2006. ] |
[F124Paragraph 93 of Schedule 2 to ITEPA 2003.] | [F125Regulations under section 116 of FA 2006. ] |
[F124Paragraph 45 of Schedule 3 to ITEPA 2003.] | [F125Regulations under section 122 of FA 2006. ] |
[F124Paragraph 33 of Schedule 4 to ITEPA 2003.] | [F125Section 130 of FA 2006.] |
[F124Paragraph 51 of Schedule 5 to ITEPA 2003.] | |
[F126Regulations under section 70(3) of the Finance Act 2004.] | |
[F127Section 75(5) of ITTOIA 2005.] | |
[F127Section 128 of ITTOIA 2005 ] | |
[F127Section 305 of ITTOIA 2005. ] | |
[F127Section 647 of ITTOIA 2005. ] | |
[F127Regulations under Chapter 3 of Part 6 of ITTOIA 2005.] | |
[F128section 40(1) of the Finance Act 2005] | |
[F129regulations 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
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)
F6Words 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Word 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)
F11Words 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)
F12Word 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)
F13S. 98(4C) substituted (with application in accordance with s. 94(7) of the amending Act) by Finance Act 2002 (c. 23), s. 94(6)
F14S. 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)
F15S. 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)
F16Words 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)
F17S. 98(4E) inserted (with effect in accordance with s. 203(14) of the amending Act) by Finance Act 2003 (c. 14), s. 203(12)
F18Words 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)
F19Finance Act 1990 (c. 29), s. 68(3)(b) for transactions carried out on or after 1 July 1990.
F20Table 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.
F22Words 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)
F23Words 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)
F24Words 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
F25Words in s. 98 inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 40(2)
F26Words 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.
F28Words in s. 98 repealed (28.7.2000) by Finance Act 2000 (c. 17), Sch. 40 Pt. 2(17)
F29Words 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)
F30Words 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.
F32Words 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
F33Words 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)
F34Words 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)
F35Words 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)
F36Words 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)
F37Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 10
F38Word 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)
F39Words 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)
F40Words 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)
F41Words 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)
F42Words in s. 98 inserted (31.7.1998) by Finance Act 1998 (c. 36), s. 77(2)
F43Words 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)
F44Words 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)
F45Words 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)
F46Words 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)
F47Finance Act 1990 (c. 29), s. 30and Sch. 5 para. 15.
F48S. 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.
F50Finance 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.
F51Words 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)
F52Words 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)
F53Words 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)
F54Words in s. 98 repealed (6.4.2006) by Finance Act 2004 (c. 12), Sch. 42 Pt. 3 (with Sch. 36 and S.I. 2006/572, arts. 1(1), 38(5), 40(5))
F55Words 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)
F56S. 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
F57Words 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)
F58Finance Act 1990 (c. 29), s. 68(3)(c), (d)respectively.
F59S. 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)
F60Words 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)
F61Words 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)
F62Words 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)
F63Words 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)
F64Words 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)
F65Words 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)
F66Words 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)).
F67Words 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)
F68Words 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
F69Words 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)
F70Words 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
F71Words 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)
F72 Repealed by Capital Allowances Act 1990 (c. 1), s. 164(4), Sch. 2
F73Finance Act 1990 (c. 29), s. 89and Sch. 14 para. 15 (correction of errors)—deemed to have been made by the Taxes Act 1988.
F74Words 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)
F75Finance Act 1989 (c. 26), s. 107and Sch. 12 para. 5.
F76Words 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)
F77Words 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.
F78 Repealed by Finance Act 1989 (c. 26), s. 187and Sch. 17 Part Von and after 27 July 1989.
F79Words in s. 98 Table added (25.7.1991) by Finance Act 1991 (c. 31),, s. 33(2)
F80Words 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)
F81Words 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)
F82Entry 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).
F83Words in s. 98 inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), Sch. 12 para. 46(2)(3)
F84Words in s. 98 inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 97(6)
F85Words 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)).
F86Words in s. 98 Table inserted (1.5.1995) by Finance Act 1995 (c. 4), s. 73(5)
F87Words 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)).
F88Words 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)
F89Words 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)
F90Words 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)).
F91Words in s. 98 inserted (27.7.1999) by Finance Act 1999 (c. 16), s. 86(9)
F92Words 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)
F93Words 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)
F94Words 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)).
F95Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 93(4)
F97Words in s. 98 inserted (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 129(3)
F99Words 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)
F100Words 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)
F101Words in s. 98 inserted by Finance Act 1990 (c. 29), s. 39(9)
F102Words 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)).
F103Words in s. 98 inserted (24.7.2002) by Finance Act 2002 (c. 23), Sch. 33 para. 15
F104Words 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
F105Words 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)
F106Words 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)
F107Words 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
F108Words 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)
F109Words in s. 98 inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), Sch. 12 para. 46(1)(3)
F110Words in s. 98 Table inserted (25.7.1991) by Finance Act 1991 (c. 31), s. 89(1), Sch. 16 para. 17
F111Words 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)).
F112Words in s. 98 Table inserted (1.5.1995) by virtue of Finance Act 1995 (c. 4), s. 86(12)
F113Words 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)
F114Words 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)
F115Words 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)
F116Words 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)
F117Words 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)
F118Words in s. 98 inserted (6.4.2006) by Finance Act 2004 (c. 12), ss. 258(1), 284(1) (with Sch. 36)
F119Words 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)
F120Words 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)
F121Words 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)
F122Words in s. 98 inserted (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(3)
F123Words 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)
F124Words 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)
F125Words in s. 98 added (19.7.2006) by Finance Act 2006 (c. 25), s. 140
F126Words 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)
F127Words 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)
F128Words in s. 98 inserted (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(2)
F129Words 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)
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).
C2S. 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)
C3S. 98 amended (27.7.1993) by 1993 c. 34, s. 187(8)
C4S. 98 applied (with modifications) (1.10.1993) by The Income Tax (Manufactured Overseas Dividends) Regulations 1993 (S.I. 1993/2004), reg. 11(12)(13)
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))
C7S. 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)
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 modified (with effect in accordance with s. 45 of the amending Act) by Finance Act 2005 (c. 7), s. 43(4)
C10S. 98(1) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 13(3)
C11S. 98(2) modified (31.7.1997) by Finance (No. 2) Act 1997 (c. 58), Sch. 2 para. 14(3)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: