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—
- a
shares and stock,
- b
debentures, including debenture stock, loan stock, bonds, certificates of deposit and other instruments creating or acknowledging indebtedness, and
- 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);
- a
“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.