SCHEDULES

SCHEDULE 18Overdue tax and excessive payments by the Board

The Taxes Management Act 1970

1

In section 55 of the M1Taxes Management Act 1970 (recovery of tax not postponed) in subsection (1) (which specifies the appeals to which section 55 applies) for paragraph (b) (assessments under section 29) there shall be substituted—

“(b)

an assessment to tax made otherwise than under section 9 of this Act,”.

2

(1)

Section 59A of the Taxes Management Act 1970 (payments on account of income tax) shall be amended in accordance with the following provisions of this paragraph.

(2)

In subsection (2) (requirement to make payments on account and determination, subject to subsections (4) and (4A), of the amount of such payments) for “(4) and (4A)” there shall be substituted “(4) to (4B)”.

(3)

In subsection (4A) (determination, subject to subsections (3) and (4), of amount of payments on account in the case of late or amended assessments), after “subsections (3) and (4) above” there shall be inserted “and subsection (4B) below”.

(4)

After subsection (4A) there shall be inserted—

“(4B)

If as regards the year immediately preceding the year of assessment the taxpayer is assessed to income tax under section 29 of this Act in any amount, then, subject to subsections (3) and (4) above and to any subsequent application of this subsection, the amount of each payment on account shall be, and shall be deemed always to have been, the total of—

(a)

the amount which, immediately before the making of the assessment under section 29, is the amount of that payment, and

(b)

an amount equal to 50 per cent. of the amount in which he is assessed under that assessment;

and if that assessment is varied, the amount in which he is assessed under it shall be taken for the purposes of paragraph (b) above to be the amount of the assessment as varied.”

(5)

In subsection (5) (adjustments to be made where subsection (4A) applies) after “subsection (4A)” there shall be inserted “or (4B)”.

3

(1)

Section 86 of the M2Taxes Management Act 1970 (interest on overdue income tax and capital gains tax) shall be amended in accordance with the following provisions of this paragraph.

(2)

In subsection (4) (subsection (5) to apply with respect to interest in cases where taxpayer makes a claim under section 59A(3) or (4) but an amount becomes payable by him under certain provisions of section 59B) in paragraph (b), after “payable by him” there shall be inserted “(i)” and at the end of that paragraph there shall be added “or

(ii)

in accordance with section 59B(6) of this Act in respect of income tax assessed under section 29 of this Act.”

(3)

In subsection (6) (determination of what amount is payable in accordance with section 59B(3), (4) or (5)) after “section 59B(3), (4) or (5) of this Act” there shall be inserted “or, in respect of income tax assessed under section 29 of this Act, in accordance with section 59B(6) of this Act”.

4

(1)

Section 88 of the Taxes Management Act 1970 (which relates to interest on tax recovered to make good loss due to the taxpayer’s fault and which is superseded by section 86 of that Act, as substituted by the M3Finance Act 1995) shall cease to have effect.

(2)

In consequence of the repeal of section 88 of the M4Taxes Management Act 1970—

(a)

section 88A of that Act (determinations under section 88) shall cease to have effect;

(b)

in section 91 of that Act (effect of interest on reliefs) in subsection (1)—

(i)

the words “or section 88” shall cease to have effect; and

(ii)

for the words “those provisions”, in each place where they occur, there shall be substituted “that section”; and

(c)

in section 113 of that Act (form of returns and other documents) subsection (1C) shall cease to have effect.