Income and Corporation Taxes Act 1988

562 Conditions to be satisfied by individuals. U.K.

(1) In the case of an application for the issue of a certificate under section 561 to an individual (otherwise than as a partner in a firm) the following conditions are required to be satisfied by that individual.

(2) M1 The applicant must be carrying on a business in the United Kingdom which satisfies the following conditions, that is to say—

(a) the business consists of or includes the carrying out of construction operations or the furnishing or arranging for the furnishing of labour in carrying out construction operations;

(b) the business is, to a substantial extent, carried on by means of an account with a bank;

(c) the business is carried on with proper records and in particular with records which are proper having regard to the obligations referred to in subsections (8) to (12) below; and

(d) the business is carried on from proper premises and with proper equipment, stock and other facilities.

(3) M2 Unless the applicant—

(a) is the holder of a certificate in force under section 561 (other than a holder to whom section 561(4) applies), or

(b) supplies the Board with a guarantee by such person, for such amount and in such form as may be prescribed in regulations made by the Board,

he must throughout the period of three years ending with the date of his application for a certificate under section 561, have been employed in the United Kingdom as the holder of an office or employment or as a person carrying on a trade, profession or vocation.

(4) M3 The applicant must not be receiving full-time education or full-time training.

(5) M4 An applicant shall be treated as satisfying the condition in subsection (3) above if—

(a) he satisfies the Board that he has been employed as mentioned in that subsection throughout a period of three years beginning not more than six years before the date of his application and ending on a date before that date;

(b) he satisfies the Board either—

(i) that he has not been so employed throughout the whole of the period between those dates, or

(ii) that he has not been so employed during any part of that period other than a part for which he specifies he has been so employed; and

(c) where the applicant states that he has been outside the United Kingdom for the whole or part of the period mentioned in paragraph (b) above, he satisfies the Board of that fact by such evidence as may be prescribed in regulations made by the Board.

(6) M5 The Board may for the purposes of subsections (3) and (5) above treat a person as having been employed as mentioned in subsection (3) above throughout a period of three years if during a period of three years he has been so employed except for a period or periods not exceeding six months or six months in aggregate.

(7) M6 If the applicant satisfies the Board that he has during any period within six years before the date of his application attended a school or other establishment for the purpose of receiving full-time education or full-time training, this section shall have effect as if that period were one during which he was employed as mentioned in subsection (3) above.

(8) M7 The applicant must, subject to subsection (10) below, have complied with all obligations imposed on him by or under the Tax Acts or the Management Act in respect of periods ending within the qualifying period and with all requests to supply to an inspector accounts of, or other information about, any business of his in respect of periods so ending.

(9) M8 An applicant who at any time in the qualifying period had control of a company shall be taken not to satisfy the condition in subsection (8) above unless the company has satisfied that condition in relation to periods ending at a time within that period when he had control of it; and for this purpose “control” has the meaning given by section 840.

(10) M9 An applicant or company that has failed to comply with such an obligation or request as is referred to in subsection (8) above shall nevertheless be treated as satisfying that condition as regards that obligation or request if the Board are of the opinion that the failure is minor and technical and does not give reason to doubt that the conditions mentioned in subsection (13) below will be satisfied.

(11) M10 An applicant who must satisfy the Board under subsection (5) above that he has been outside the United Kingdom for the whole or part of the period mentioned in subsection (5)(b) above must also satisfy them by such evidence as may be prescribed in regulations made by the Board that he has complied with any obligations imposed under the tax laws of any country in which he was living during that period which are comparable to the obligations mentioned in subsection (8) above.

(12) M11 The applicant must, if any contribution has at any time during the qualifying period become due from him under Part I of the M12 Social Security Act 1975 or Part I of the M13 Social Security (Northern Ireland) Act 1975, have paid the contribution when it became due.

(13) M14 There must be reason to expect that the applicant will, in respect of periods ending after the end of the qualifying period, comply with such obligations as are referred to in subsections (8) to (12) above and with such requests as are referred to in subsection (8) above.

(14) M15 In this section “the qualifying period” means—

(a) in relation to a person who is within subsection (5) above, the period starting at the beginning of the last period of three years before his application throughout which he has been employed as mentioned in subsection (3) above (or is by virtue of subsection (6) above treated as having been so employed) and ending on the date of his application; and

(b) in the case of any other person, the period of three years ending with the date of his application.

Modifications etc. (not altering text)

C1 Ss. 562-565 modified (retrospectively, with application in accordance with s. 53(3) of the modifying Act) by Finance Act 1999 (c. 16), s. 53(1)(2)

Marginal Citations

M1 Source-1975 (No.2) Sch.12 Pt. I 1

M2 Source-1975 (No.2) Sch.12 Pt.I 2(1); 1982 Sch.8 7

M3 Source-1975 (No.2) Sch.12 Pt.I 2A. 1982 Sch.8 10

M4 Source-1975 (No.2) s.69(7), 71(6); 1964 c. 32 (N.I.)

M5 Source-1975 (No.2) Sch.12 Pt.I 2(3); 1980 Sch.8 4(3)

M6 Source-1975 (No.2) Sch.12 Pt.I 2(5); 1982 Sch.8 9

M7 Source-1975 (No.2) Sch.12 Pt.I 3(1); 1982 Sch.8 11

M8 Source-1975 (No.2) Sch.12 Pt.I 3(1A); 1982 Sch.8 12

M9 Source-1975 (No.2) Sch.12 Pt.I 3(2); 1980 Sch.8 7; 1982 Sch.8 13

M10 Source-1975 (No.2) Sch.12 Pt.I 3(3); 1980 Sch.8 6(1)

M11 Source-1975 (No.2) Sch.12 Pt.I 4.

M12 1975 c. 14.

M13 1975 c. 15.

M14 Source-1975 (No.2) Sch.12 Pt.I 7

M15 Source-1975 (No.2) Sch.12 Pt.I 2(4); 1980 Sch.8 4(3)