Part II Income Tax, Corporation Tax and Capital Gains Tax

CHAPTER I General

Employee share ownership trusts

73 Information. C1

1

An inspector may by notice in writing require a return to be made by the trustees of an employee share ownership trust if they have at any time received a sum which has been deducted as mentioned in section 67(2)(a) above or treated as mentioned in section 67(2)(b) above.

2

Where he requires such a return to be made the inspector shall specify the information to be contained in it.

3

The information which may be specified is information the inspector needs for the purposes of sections 68 to 72 above, and may include information about—

a

sums received (including sums borrowed) by the trustees;

b

expenditure incurred by them;

c

assets acquired by them;

d

transfers of assets made by them.

4

The information which may be required under subsection (3)(a) above may include the persons from whom the sums were received.

5

The information which may be required under subsection (3)(b) above may include the purpose of the expenditure and the persons receiving any sums.

6

The information which may be specified under subsection (3)(c) above may include the persons from whom the assets were acquired and the consideration furnished by the trustees.

7

The information which may be included under subsection (3)(d) above may include the persons to whom assets were transferred and the consideration furnished by them.

8

In a case where a sum has been deducted as mentioned in section 67(2)(a)above, or treated as mentioned in section 67(2)(b) above, the inspector shall send to the trustees to whom the payment was made a certificate stating—

a

that a sum has been so deducted or so treated, and

b

what sum has been so deducted or so treated.

9

In the Table in section 98 of the M1Taxes Management Act1970 (penalties for failure to comply with notices etc.) at the end of the first column there shall be inserted— “ Section 73 of the Finance Act 1989 ”.