Income and Corporation Taxes Act 1988

23 Collection from lessees and agents. U.K.

(1) M1 In any case where—

(a) any tax under Schedule A is charged in respect of profits or gains arising from any land to a person who is not the occupier of the land, and

(b) the tax is not paid by that person (“the person in default”),

the tax may be recovered in accordance with the following provisions of this section.

(2) M2 Subject to subsection (3) below, the collector may from time to time, by notice in such form as may be prescribed by the Board, require any lessee of the land or any part thereof whose interest is derived, directly or indirectly, from that held by the person in default, (a “derivative lessee”), to pay to him, on the date or dates specified in the notice, such sum or sums as may be required to satisfy the tax.

(3) M3 The sum demanded from a derivative lessee to be paid during any period shall not exceed the amount of the rent or other payments arising out of the land which becomes due from him at the end of the period and payable to the person in default or to another derivative lessee.

(4) M4 In default of payment by a derivative lessee of any amount duly demanded of him under subsection (2) above, that amount may be recovered from him in like manner as if he had been charged with tax of that amount.

(5) M5 Where any sum on account of tax has been collected from a derivative lessee in pursuance of this section, he may deduct that sum from any subsequent payment arising and payable as mentioned in subsection (3) above, and shall be acquitted and discharged of the amount so deducted.

(6) M6 Where under subsection (5) above, or under that subsection as applied by this subsection, a sum is deducted from an amount payable to another derivative lessee—

(a) that subsection shall apply as if the sum had been collected from him under a demand made under subsection (2) above by the collector; and

(b) where the amounts from which he is entitled, under subsection (5) above, to make deductions during the following 12 months are less than that sum, he shall be entitled to recover from the Board an amount equal to the difference, which shall be treated as reducing the tax recovered under the preceding provisions of this section.

(7) M7 In any case where—

(a) rents or receipts from land are received by any person (“the agent”) on behalf of another (“the principal”), and

(b) any tax under Schedule A charged on the principal has not been paid,

the collector may by notice, in such form as may be prescribed by the Board, require the agent to pay to the collector in or towards the satisfaction of the tax any sums from time to time received by the agent on behalf of the principal on account of rents or receipts from any land (including any sums so received which are in his hands when the notice is given) until the liability in respect of the tax has been satisfied; and the agent shall pay all such sums over to the collector accordingly, and the payment shall acquit and discharge him as against the person on whose behalf he received them.

(8) M8 If the agent fails to comply with the requirements of a notice duly served on him, he shall be liable to a penalty not exceeding [F1 £300] for each failure, and non-compliance as respects sums in his hands when the notice is given, or as respects any one payment subsequently received by him, shall be treated as a separate failure.

Textual Amendments

F1 1989 s.170(1)in relation to things done or omitted on or after 27July 1989.Previously

“£50”.

Marginal Citations

M1 SOURCE-1970 s. 70(1)

M2 SOURCE-1970 s. 70(1)(a)

M3 SOURCE -1970 s. 70(1)(b)

M4 SOURCE-1970 s. 70(1)(c)

M5 SOURCE-1970 s.70(1)(d)

M6 SOURCE-1970 s. 70(1)(e)

M7 SOURCE-1970 s. 70(2)

M8 SOURCE-1970 s. 70(2)