SCHEDULES

SCHEDULE 23Data-gathering powers

Part 5Miscellaneous provision and interpretation

General interpretation

47

In this Schedule—

  • address” includes an electronic address;

  • body of persons” has the same meaning as in TMA 1970;

  • chargeable period” means a tax year, accounting period or other period for which a tax is charged;

  • charity” has the meaning given by paragraph 1(1) of Schedule 6 to FA 2010;

  • the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

  • company” has the meaning given by section 288(1) of TCGA 1992;

  • data” includes information held in any form;

  • the data-holder”, in relation to a data-holder notice, means the person to whom the notice is addressed;

  • “data-holder notice” is defined in paragraph 1;

  • dividend” includes any kind of distribution;

  • document” includes a copy of a document (see also section 114 of FA 2008);

  • employment”, “employee” and “employer” have the same meaning as in Parts 2 to 7 of ITEPA 2003 (see, in particular, sections 4 and 5 of that Act);

  • HMRC” means Her Majesty's Revenue and Customs;

  • local authority” has the meaning given in section 999 of ITA 2007;

  • provide” includes make available for inspection;

  • specify” includes describe;

  • securities” includes—

    1. a

      shares and stock,

    2. b

      debentures, including debenture stock, loan stock, bonds, certificates of deposit and other instruments creating or acknowledging indebtedness, and

    3. c

      warrants or other instruments entitling the holder to subscribe for or otherwise acquire anything within paragraph (a) or (b),

    issued by or on behalf of a person resident in, or a government or public or local authority of, any country (including a country outside the United Kingdom);

  • shares” is to be construed in accordance with sections 99 and 103A of TCGA 1992;

  • tax functions” means functions relating to tax;

  • the tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure Rules, the Upper Tribunal.

48

A reference in this Schedule to providing data includes—

a

preparing and delivering a return, statement or declaration, and

b

providing documents.

49

1

A reference in this Schedule to the carrying on of a business also includes—

a

the letting of property,

b

the activities of a charity, and

c

the activities of a government department, a local authority, a local authority association or any other public authority.

2

Local authority association” has the meaning given in section 1000 of ITA 2007.