Chapter 6: Information and returns: further provisions
Overview
3175.This Chapter contains sections of an administrative nature that apply generally across the distributions legislation.
Section 1100: Qualifying distributions: right to request a statement
3176.This section enables the recipient of a qualifying distribution to require certain information from the payer. It is based on section 234(1) and (2) of ICTA.
Section 1101: Non-qualifying distributions etc: returns and information
3177.This section requires the payer of a distribution that is not a qualifying distribution to make certain returns and provide certain information to HMRC. It is based on section 234(5) to (8) of ICTA.
3178.The definition of what is and is not a qualifying distribution is in section 1136.
Section 1102: Non-qualifying distributions etc: additional information
3179.This section enables an officer of Revenue and Customs to require the provision of certain information in relation to distributions that are not qualifying distributions. It is based on section 234(9) of ICTA, and paragraphs 3 and 4 of Schedule 12 to FA 1989.
3180.Paragraphs 3 and 4 of Schedule 12 to FA 1989 have been rewritten here rather than being applied by cross-reference.
Section 1103: Power to modify or replace sections 1101 and 1102
3181.This section enables the Commissioners for HMRC to lay regulations amending sections 1101 and 1102. It is based on section 253 of ICTA.
Section 1104: Company distributing dividend or interest: duty to provide tax certificates
3182.This section requires a company to provide a tax certificate when it makes a distribution. It is based on section 234A(1), (2) and (3) of ICTA.
3183.The meaning of “company” is that in section 1 of the Companies Act 2006, which came into effect from 1 October 2009 as a result of article 3(a) of The Companies Act 2006 (Commencement No 8, Transitional Provisions and Savings) Order 2008, SI 2008/2860. The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009, SI 2009/1890 article 3 made the necessary amendment of section 234A of ICTA.
3184.Section 234A(6) has been omitted as having no effect because interest that is treated as a distribution can only be a qualifying distribution. See Change58 in Annex 1.
Section 1105: Duties of nominees
3185.This section places certain duties on nominees who receive distributions on behalf of others. It is based on section 234A(4) and (5) of ICTA.
Section 1106: Meaning of “tax certificate” etc
3186.This section sets out what is required in a “tax certificate” in this Chapter and provides certain other definitions. It is based on section 234A(7), (8) and (8A) of ICTA.
3187.Section 234A(6) has been omitted as having no effect because interest that is treated as a distribution can only be a qualifying distribution. See Change58 in Annex 1.
Section 1107: Penalties
3188.This section provides for penalties to be charged for failure to provide a tax certificate. It is based on section 234A(9) of ICTA.
Section 1108: Alternative means of compliance with sections 1104 and 1105
3189.This section enables the Commissioners for HMRC to lay regulations providing for alternative methods by which a person may comply with obligations under section 1104 or section 1105. It is based on section 234A(10) and (11) of ICTA.
