This is the original version (as it was originally enacted).
Income tax for the year 1956-57 shall be charged at the standard rate of eight shillings and sixpence in the pound and, in the case of an individual whose total income exceeds two thousand pounds, at such higher rates in respect of the excess as Parliament may hereafter determine.
(1)Where the total income of an individual for the year of assessment includes, or would but for this section include, any sums paid or credited in respect of interest on deposits with the Post Office savings bank or a seamen's savings bank, or ordinary deposits with a trustee savings bank, those sums shall be disregarded for all the purposes of the Income Tax Acts other than surtax or the furnishing of information if or in so far as they do not exceed fifteen pounds; and for this purpose the question whether or how far those sums exceed fifteen pounds shall, where by virtue of section three hundred and fifty-four of the Income Tax Act, 1952, a woman's income is deemed to be her husband's, be determined separately as regards the part of his income which is his by virtue of that section and the part which is his apart from that section.
(2)Where by virtue of the foregoing subsection the total income of an individual for any year of assessment is treated as reduced by any amount for the purposes of income tax chargeable at the standard rate, it shall for the purposes of surtax be treated as having in the first place been reduced by a like amount but having thereafter been increased by such amount as would after deduction of income tax at the standard rate for that year be equal to the amount of the reduction.
(3)Where, on the application in that behalf of any savings bank maintained under a local Act, the Treasury are satisfied, having regard to the rules to be adopted by the bank, the conditions subject to which deposits are to be accepted by it or any department to be formed by it, and such other matters as the Treasury may require to be proposed in the application, that the deposits will, if the application is granted, sufficiently correspond with ordinary deposits in a trustee savings bank to justify a certificate under this section, the Treasury may certify the bank or department for the purposes of this section, and, while the certificate is in force.—
(a)the interest payable on the deposits shall not exceed the rate of two and a half per cent. per annum, but the interest shall be treated for the purposes of this section as if it were such interest as is mentioned in subsection (1) of this section; and
(b)the deposits shall be invested with the National Debt Commissioners, and sections twenty-five to thirty-eight of the Trustee Savings Banks Act, 1954, shall apply in relation to the bank or department as they apply in relation to trustee savings banks, but subject to such modifications as the Treasury may by order provide, including, if the order so provides, a reduction of the rate which the Treasury may by order under subsection (2) of section twenty-seven of that Act fix as the rate of interest on receipts for the bank's or department's payments into the Fund for the Banks for Savings.
An order under this subsection shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent order.
(4)If the Treasury at any time cease to be satisfied that a certificate under the last foregoing subsection is justified they may revoke the certificate and give such directions as they think fit for the withdrawal by the bank or department of any money standing to its credit in the books of the National Debt Commissioners.
(5)This section shall not be deemed to have required any change in the amounts deducted or repaid under section one hundred and fifty-seven (pay as you earn) of the Income Tax Act, 1952, before the sixth day of July, nineteen hundred and fifty-six.
(6)In this section " trustee savings bank" and " ordinary deposit" have the same meanings as in the Trustee Savings Banks Act, 1954, and " seamen's savings bank " means a bank maintained under section one hundred and forty-eight of the Merchant Shipping Act, 1894.
(1)Schedule E shall be amended by inserting as a new paragraph 1 (the present paragraph 1 being re-numbered as paragraph 1A) the paragraph set out below, that is to say—
“1Tax under this Schedule shall be charged in respect of any office or employment on emoluments therefrom which fall under one, or more than one, of the following Cases, namely—
Case I: where the person holding the office or employment is resident and ordinarily resident in the United Kingdom, and does not perform the duties of the office or employment wholly outside the United Kingdom in the year of assessment (and the emoluments are not excepted as foreign emoluments), any emoluments for the year of assessment;
Case II: where that person is not resident or, if resident, then not ordinarily resident in the United Kingdom (and the emoluments are not excepted as foreign emoluments), any emoluments for the year of assessment in respect of duties performed in the United Kingdom;
Case III: where that person is resident in the United Kingdom (whether ordinarily resident there or not), any emoluments received in the United Kingdom in the year of assessment, being emoluments either for that year or for an earlier year in which he has been resident there, and any emoluments for that year received in the United Kingdom in an earlier year;
and tax shall be charged under those Cases in accordance with the rules and on the amount stated in the Second Schedule to the Finance Act, 1956.
Subject to that Schedule, the emoluments excepted from Cases I and II as foreign emoluments are emoluments of a person not domiciled in the United Kingdom from an office or employment under or with any person, body of persons or partnership resident outside, and not resident in, the United Kingdom.”
(2)Tax for the year 1956-57 or any subsequent year of assessment shall not be chargeable in respect of emoluments of an office or employment under Case V of Schedule D nor under any provision of Schedule E except the new paragraph 1.
(3)Where a dispute arises under the said paragraph 1 whether a person is or has been ordinarily resident or domiciled in the United Kingdom, the question shall be referred to and determined by the Commissioners of Inland Revenue ; but any person who is aggrieved by their decision on the question may, by notice in writing to that effect given to them within three months from the date on which notice of the decision is given to him, make an application to have the question heard and determined by the Special Commissioners, and where an application is so made, the Special Commissioners shall hear and determine the question in like manner as an appeal made to them against an assessment under Schedule D, and all the provisions of the Income Tax Acts relating to such an appeal (including the provisions relating to the statement of a case for the opinion of the High Court on a point of law) shall apply accordingly with any necessary modifications.
(4)The charge to tax under Case III of Schedule E shall be disregarded for the purpose of the references to that Schedule in the following provisions of the Income Tax Act, 1952 (being provisions which refer to emoluments chargeable or assessable under that Schedule in defining the scope of another charge to tax), that is to say, subsection (5) of section two hundred and forty-two and subsection (4) of section three hundred and eighty-seven.
(5)References in the Income Tax Acts to Cases I, II and III of Schedule E shall be taken as referring to the Cases under which tax is chargeable under paragraph 1 of that Schedule as amended by this section.
(1)Where a person works full-time in one or more of the following, that is to say, a trade, profession, vocation, office or employment, and the condition mentioned in the next following subsection is satisfied, the question whether he is resident in the United Kingdom shall be decided without regard to any place of abode maintained in the United Kingdom for his use.
(2)The said condition is that no part of the trade, profession or vocation is carried on in the United Kingdom and all the duties of the office or employment are performed outside the United Kingdom.
(3)Where an office or employment is in substance one of which the duties fall in the year of assessment to be performed outside the United Kingdom there shall be treated for the purposes of this section as so performed any duties performed in the United Kingdom the performance of which is merely incidental to the performance of the other duties outside the United Kingdom.
(1)A person charged or chargeable for any year of assessment in respect of income from any source with tax which (apart from this section) falls to be computed under Case IV or V of Schedule D, or under Case III of Schedule E, on the amount of income received in the United Kingdom in the basis year for that year of assessment, may claim that the following provisions of this section shall apply, on showing that the following conditions are satisfied, that is to say—
(a)that of the income so received all or part arose before the basis year but he was unable to transfer it to the United Kingdom before that year; and
(b)subject to the next following subsection, that' that in ability was due to the laws of the territory where the income arose, or to executive action of its government, or to the impossibility of obtaining foreign currency in that territory; and
(c)that the inability was not due to any want of reasonable endeavours on his part.
(2)For the purposes of this section, where in any year of assessment a person is granted a pension or increase of pension retrospectively, the amount paid in respect of any previous year of assessment by virtue of the grant shall be treated as income arising in that previous year, whenever it is paid, and he shall be treated as having possessed the source of income from the time as from which the grant has effect; and paragraph (b) of the foregoing subsection shall not apply in relation to any amount so paid, except as respects the period after it becomes payable.
(3)Where a person claims that the provisions of this section shall apply for any year of assessment as respects the income from any source, then for purposes of income tax—
(a)there shall be deducted from the income received in the United Kingdom in the basis year for that year the amount as respects which the conditions in paragraphs (a), (b) and (c) of subsection (1) of this section are satisfied, so far as applicable; but
(b)the part (if any) of that amount arising in each previous year of assessment shall be treated as if it were income received in the United Kingdom in the basis year for that previous year.
(4)Nothing in this section shall alter the year which is to be taken as the basis year for computing tax chargeable for any year of assessment under Case IV or V of Schedule D, and where under paragraph (b) of the last foregoing subsection income is treated as received in the United Kingdom in a year which is the basis year for two years of assessment, it shall not by reason thereof be taken into account except in the year in which it arose.
(5)Where a person makes a claim under this section for any year of assessment as respects income from any source chargeable under the said Case IV or V, and that year is the basis year for computing the tax with which he is chargeable on the income from that source both for that and for the succeeding year of assessment, tax shall not be chargeable for either of those years of assessment on the amount referred to in paragraph (a) of subsection (3) of this section (without however being charged a second time by virtue of paragraph (b) of that subsection).
(6)No claim under this section shall be made in respect of any income more than six years after the end of the year of assessment in which the income is received in the United Kingdom.
(7)There shall be made all such adjustments, whether by way of repayment of tax, additional assessment or otherwise, as may be necessary to give effect to this section, and notwithstanding anything in the Income Tax Act, 1952, any adjustment to give effect to a claim under this section may be made at any time.
(8)The provisions of the Sixth Schedule to the Income Tax Act, 1952, shall apply to any claim made under this section;
Provided that—
(a)any such claim shall be made in such form as the Commissioners of Inland Revenue may direct and shall be delivered to the surveyor;
(b)where the surveyor objects to any such claim it shall be heard and determined by the Commissioners concerned in like manner as in the case of an appeal against an assessment under Schedule D, and the provisions of the Income Tax Act, 1952, relating to the statement of a case for the opinion of the High Court on a point of law shall apply;
(c)any such claim to which objection is made shall, if the claimant so elects when he makes the claim, be heard and determined by the Special Commissioners, and paragraph (b) of this proviso shall have effect accordingly.
(9)A person's executors or administrators may make any claim under this section which he might have made, if he had not died, and after a person's death—
(a)any tax paid by him and repayable by virtue of a claim under this section (whoever made the claim) shall be repaid to his executors or administrators ; and
(b)any additional tax chargeable by virtue of such a claim shall be assessed and charged upon his executors or administrators and shall be a debt due from and payable out of his estate.
(10)In this section " basis year " means, in relation to tax chargeable for any year of assessment under Case IV or V of Schedule D in respect of income from any source, the year by reference to which the amount of the income chargeable finally falls to be computed, and in relation to tax chargeable for any year of assessment under Case III of Schedule E, means that year of assessment; and any reference in this section to a source of income includes a part of a source.
(11)A claim may be made under this section as respects income received in the United Kingdom in the year 1951-52 or any subsequent year of assessment.
The following subsection shall be substituted for subsection (1) of section three hundred and eighty-five of the Income Tax Act, 1952 (which excludes relief in respect of contributions to the House of Commons Members' Fund):—
“(1)The salary of a member of the House of Commons shall for all the purposes of the Income Tax Acts be treated as reduced by the amounts deducted in pursuance of section one of the House of Commons Members' Fund Act, 1939 ; but a member shall not by reason of any such deduction be entitled to relief under any other provision of this Act.
In this subsection the reference to salary shall be construed as mentioned in subsection (3) of the said section one, the reference to amounts deducted includes a reference to amounts required to be set aside under that subsection, and deduction ' shall be construed accordingly”.
Annuities and additional pensions paid to holders of the Victoria Cross by virtue of holding that award shall be disregarded for all the purposes of the Income Tax Acts.
(1)Subject to the provisions of this section, subsections (2) to (5) of section sixteen of the Finance Act, 1954 (which provide for giving investment allowances in respect of capital expenditure on certain new assets), shall not apply to expenditure incurred after the seventeenth day of February, nineteen hundred and fifty-six, and before such date as Parliament may hereafter determine.
(2)Notwithstanding subsection (1) of this section, investment allowances under Chapter II of Part X of the Income Tax Act, 1952, shall continue to be made in respect of expenditure incurred after the said seventeenth day of February on the provision of ships.
(3)Notwithstanding subsection (1) of this section, investment allowances shall also continue to be made under Chapters I and II of the said Part X in respect of expenditure incurred after the said seventeenth day of February on industrial buildings or structures, or on machinery or plant, in so far as the expenditure consists—
(a)of expenditure incurred in adding, to any building, structure, machinery or plant in the United Kingdom which is or has been already in use, any insulation against loss of heat; or
(b)of expenditure incurred on providing, by way of modification or replacement of plant in the United Kingdom which is or has been already in use, plant of any description prescribed for this purpose in the interests of fuel economy.
(4)The descriptions of plant to which paragraph (b) of the last foregoing subsection is to apply shall be prescribed by orders made by the Treasury and, in addition to prescribing descriptions of plant to which the paragraph is to apply with effect from the eighteenth day of the said month, orders so made may from time to time, as respects expenditure incurred after the coming into force of the order, prescribe further descriptions of plant, or vary any description prescribed by a previous order; and any such order may, in the case of ancillary plant included in the prescribed descriptions and of other plant so included the use of which may or may not be related to fuel economy, provide that it shall be so included subject to conditions imposed by the order in the interests of fuel economy.
Subsection (2) of section two hundred and -seventy-nine of the Income Tax Act, 1952 (which treats as incurred on the commencement of a trade expenditure previously incurred for the purposes of the trade), shall not apply for the purposes of any such order.
(5)The power to make orders under the last foregoing subsection shall be exercisable by statutory instrument, which shall be subject to annulment by resolution of the Commons House of Parliament.
(6)Notwithstanding subsection (1) of this section, investment allowances shall also continue to be made by virtue of subsection (5) of section sixteen of the Finance Act, 1954 (which relates to expenditure incurred for the purposes of husbandry or forestry), in respect of expenditure incurred after the said seventeenth day of February in adding to any building or structure which is or has been already in use, and in which artificial heating is regularly used for the purposes of husbandry or forestry, any insulation against loss of heat.
(7)This section shall not affect the application of subsections (2) to (5) of section sixteen of the Finance Act, 1954, to any expenditure in so far as it consists (and is stated in the certificate required by subsection (7) of that section to consist) of sums payable under a contract entered into on a date (to be specified in that certificate) not later than the said seventeenth day of February.
(8)This section shall have effect for the year 1955-56 as well as subsequent years of assessment, and in relation to the profits tax shall have effect for accounting periods ending before or at the commencement of this Act (but after the said seventeenth day of February) as well as accounting periods ending after that commencement.
(1)In relation to allowances and charges for the year 1956-57 and subsequent years of assessment, paragraph (b) of subsection (1) of section two hundred and seventy-eight of the Income Tax Act, 1952 (which provides that expenditure incurred oh preparing, cutting, tunnelling or levelling land is not to be treated for the purpose of Chapter I of Part X of that Act as expenditure incurred on the construction of a building or structure), shall not apply.
(2)In the case of a building or structure first used before the sixth day of April, nineteen hundred and fifty-six, the provisions of the Income Tax Acts relating to allowances and charges under the said Chapter I other than investment or initial allowances shall have effect subject to the following provisions, that is to say.—
(a)where the expenditure incurred on the construction of the building or structure consisted in part of expenditure in respect of which no annual allowance could be made under that Chapter except by virtue of subsection (1) of this section, the said provisions shall apply to that part of the expenditure separately from the remainder, and to the remainder separately from that part, as if each had been incurred on a different building or structure from the other, and the necessary apportionments shall be made accordingly of any sale, insurance, salvage or compensation moneys or other relevant sums; and
(b)in relation to that part of the expenditure, but not in relation to the remainder, the appointed day for the purposes of any reference thereto in the said Chapter I shall be the said sixth day of April, nineteen hundred and fifty-six:
Provided that nothing in this subsection shall apply to premises in relation to which the said appointed day is postponed to the said sixth day of April or to a later day by subsection (2) of section two hundred and seventy-seven of the Income Tax Act, 1952 (which made provision for the temporary continuance of certain pre-1946 allowances).
(3)Where capital expenditure is or has been incurred on preparing, cutting, tunnelling or levelling land for the purposes of preparing the land as a site for the installation of machinery or plant, and apart from this subsection no allowance could be made in respect of that expenditure under Chapter I or II of Part X of the Income Tax Act, 1952, then in relation to allowances and charges for the year 1956-57 and subsequent years of assessment, as regards that expenditure—
(a)the machinery or plant shall be treated for the purposes of the said Chapter I as a building or structure (whether or not it would be so treated apart from this subsection) ; and
(b)subsection (1) of section two hundred and seventy-six (which provides, among other things, that allowances shall not be made under the said Chapter I in respect of expenditure on a building or structure if allowances can be made under Chapter II in respect of the same or other expenditure on it) shall apply with the omission of the reference to Chapter II:
Provided that as regards expenditure to which the said Chapter I is applied by this subsection, the appointed day, for the purposes of any reference thereto in the said Chapter I except in section two hundred and sixty-five (which relates to initial allowances), shall be the sixth day of April, nineteen hundred and fifty-six.
(4)This section shall not affect allowances for the year 1956-57 or any subsequent year of assessment in so far as they consist of amounts carried forward from any year of assessment before the year 1956-57.
(1)Subject to the provisions of this section, where a person for the purposes of any qualifying trade carried on by him incurs capital expenditure on dredging, and either the trade consists of the maintenance or improvement of the navigation of a harbour, estuary or waterway or the dredging is for the benefit of vessels coming to, leaving or using any dock or other premises occupied by him for the purposes of the trade, then there shall be made in respect of the expenditure to the person for the time being carrying on the trade—
(a)for the first relevant year of assessment, an initial allowance equal to one-tenth of the expenditure; and
(b)for that and each subsequent year of assessment (until the allowances made under this section in respect of the expenditure equal the amount of the expenditure), an annual allowance equal to one-fiftieth of the expenditure.
(2)If the trade is permanently discontinued in any year of assessment, then for that year there shall be made to the person last carrying on the trade, in addition to any other allowance made to him, an allowance equal to the amount of the expenditure less the allowances made in respect of it under the foregoing subsection for that and previous years of assessment.
(3)For the purposes of this section, a trade shall not be treated by virtue of section nineteen of the Finance Act, 1953, as permanently discontinued on a change in the persons engaged in carrying it on; but, subject to section seventeen of the Finance Act, 1954 (which relates to company reconstructions, etc.), where a trade is sold, it shall be treated for those purposes as having been permanently discontinued at the time of the sale, unless the sale is such a sale as is specified in section three hundred and twenty-seven of the Income Tax Act, 1952 (which relates to certain sales not made at arm's length and to certain sales made with a view to a tax benefit).
(4)Any allowance under this section shall be made in charging the profits or gains of the trade, and if different persons are charged in respect of the trade for different parts of any year of assessment, any annual allowance for that year shall be apportioned between them in proportion to the length of the periods for which they are so charged, but, if it is the first relevant year of assessment, any initial allowance shall be made to the person first carrying on the trade in the year.
(5)Where expenditure is incurred partly for the purposes of a qualifying trade and partly for other purposes, subsection (1) of this section shall apply to so much only of that expenditure as on a just apportionment ought fairly to be treated as incurred for the purposes of that trade.
(6)In this section " qualifying trade " means any trade or undertaking which, or a part of which, complies with any of the following conditions, that is to say:—
(a)the condition that it consists of the maintenance or improvement of the navigation of a harbour, estuary or waterway; or
(b)any condition set out in the provisions of subsection (1) of section two hundred and seventy-one of the Income Tax Act, 1952 (which defines an industrial building or structure);
but where part only of a trade or undertaking complies with those conditions, subsection (5) of this section shall apply as if the part which does and the part which does not comply were separate trades.
(7)Where a person incurs capital expenditure for the purposes of a trade or part of a trade not yet carried on by him but with a view to carrying it on, or incurs capital expenditure in connection with a dock or other premises not yet occupied by him for the purposes of a qualifying trade but with a view to so occupying the dock or premises, the foregoing provisions of this section shall apply as if he had been carrying on the trade or part of the trade or occupying the dock or premises for the purposes of the qualifying trade, as the case may be, at the time when the expenditure was incurred.
(8)For the purposes of this section, the first relevant year of assessment, in relation to expenditure incurred by any person, is the year in his basis period for which he incurs the expenditure or, in the case of expenditure for which allowances are to be made by virtue of subsection (7) of this section, the first year of assessment in his basis period for which he both carries on the trade or part of the trade for the purposes of which the expenditure was incurred and occupies for the purposes of that trade or part of the trade the dock or other premises in connection with which it was incurred.
(9)For the purposes of this section, section three hundred and thirty-two of the Income Tax Act, 1952, shall not apply; but where a person contributes a capital sum to expenditure on dredging incurred by another person, he shall be treated as incurring capital expenditure on that dredging, and capital expenditure incurred by any person shall not be treated as incurred for the purposes of any trade carried on or to be carried on by him in so far as it has been or is to be met directly or indirectly by the Crown or by any government or public or local authority, whether in the United Kingdom or elsewhere, or by capital sums contributed by any other person for purposes other than those of that trade.
(10)In this section " dredging " does not include things done otherwise than in the interests of navigation, but (subject to that) includes the removal of anything forming part of or projecting from the bed of the sea or of any inland water, by whatever means it is removed and whether or not at the time of removal it is wholly or partly above water; and this section shall apply to the widening of an inland waterway in the interests of navigation as it applies to dredging.
(11)No allowance shall be made by virtue of this section in respect of any expenditure if for the same or any previous or subsequent year of assessment an allowance is or can be made in respect of it under any of the provisions of Chapter I or II of Part X of the Income Tax Act, 1952.
(12)Subject to the provisions of this section, the Income Tax Acts shall have effect, and this section shall be construed, as if it were contained in Part X of the Income Tax Act, 1952.
(13)The foregoing provisions of this section shall have effect only for the year 1956-57 and subsequent years of assessment, but for that purpose shall apply in relation to expenditure incurred and other things done before as well as after the beginning of the year 1956-57:
Provided that in determining the allowances to be made in respect of any expenditure so incurred there shall be deemed to have been made all such allowances (other than initial allowances) as could have been made if this section had always had effect.
(14)The Eighth Schedule to the Finance Act, 1947, shall have effect as if allowances under this section were included among the allowances referred to in sub-paragraph (1) of paragraph 1 of that Schedule (which lists certain income tax allowances which are to be made also for the purposes of the profits tax).
(1)The Income Tax Acts shall have effect, and be deemed always to have had effect, as if in subsection (2) of section seven of the Income Tax Act, 1945 (which provides that the allowances under section fifteen of the Finance Act, 1937, in respect of mills, factories and other similar premises shall cease in all cases after the year 1955-56), for the words " the next nine years of assessment" there had in both places been substituted the words " the next twelve years of assessment ".
(2)The reference in this section to section seven of the Income Tax Act, 1945, shall be construed as referring to that section as set out in Part I of the Eleventh Schedule to the Income Tax Act, 1952.
(1)Where any income, having accrued before the death of any person, is taken into account both—
(a)in estimating the principal value of an estate for the purposes of any estate duty payable on his death; and
(b)in ascertaining for the purposes of Part XIX of the Income Tax Act, 1952, the residuary income of his estate for any year of assessment,
that residuary income shall be treated as reduced, by an amount calculated in accordance with the following provisions of this section, in ascertaining the liability to surtax of any person having an absolute interest in the residue of that or any other estate or part thereof.
(2)The amount of the reduction shall be an amount which, after deduction of income tax at the standard rate for the said year of assessment, would equal the amount of estate duty payable in respect of so much of the income taken into account as mentioned in the foregoing subsection as exceeds any liabilities so taken into account.
(3)The amount of estate duty payable in respect of any income taken into account in estimating the principal value of an estate shall be taken to be an amount which bears the same proportion to the total duty payable in respect of that estate as the amount of the income bears to the principal value of that estate, subject however to any correction falling to be made under the next following subsection.
(4)The said proportion shall be corrected by adding to or subtracting from the amount of the total duty such amounts (if any) as may be necessary to adjust the amount of the total duty to what it would have been if—
(a)duty on all the property taken into account in estimating the principal value of the estate had been payable at the highest rate at which duty on any of that property was payable ; and
(b)no duty had been payable on any property not so taken into account;
and, where the estate includes an interest in expectancy and duty in respect of that interest is not paid with the duty in respect of the rest of the estate, by excluding from the total duty the duty payable in respect of the interest when it falls into possession, and from the principal value of the estate the value of that interest.
(5)The amount of any income accruing before the death of any person and taken into account in estimating the principal value of an estate shall (whether or not the income was valued separately or its amount known at the date of the death) be taken to be the actual amount so accruing less income tax at the standard rate for the year of assessment in which the death occurred.
(6)The amounts agreed between the persons accountable for estate duty and the Commissioners of Inland Revenue (or, as respects estate duty payable under the law of Northern Ireland, the Ministry of Finance for Northern Ireland), or determined in proceedings between them, as being respectively the principal value of an estate and the amount of any estate duty payable shall be conclusive for the purposes of this section; and evidence of those amounts and of any facts relevant to their computation may be given by the production of a document purporting to be a certificate from those Commissioners or, as the case may be, that Ministry.
(7)In this section—
(a)references to estate duty payable include references to any estate duty that would have been payable but for any relief in respect of duty payable under the law of any country outside the United Kingdom, other than relief given by way of allowance from the value of any property; and
(b)references to liabilities taken into account in ascertaining the amount of the residuary income of an estate include references to liabilities allowed or allowable in computing its aggregate income.
(8)This section shall be construed as if contained in Part XIX of the Income Tax Act, 1952.
(9)This section shall have effect as respects tax for the year 1956-57 and subsequent years of assessment.
(1)Every person carrying on a trade or business shall, if required to do so by notice from the surveyor, make and deliver to the surveyor a return of all payments of any kind specified in the notice made during a period so specified, being—
(a)payments made in the course of the trade or business, or of such part of the trade or business as may be specified in the notice, for services rendered by persons not employed in the trade or business, or
(b)payments for services rendered in connection with the formation, acquisition, development or disposal of the trade or business, or any part of it, by persons not employed in the trade or business, or
(c)periodical or lump sum payments made in respect of any copyright.
(2)Every body of persons carrying on any activity which does not constitute a trade or business shall, if required to do so by notice from the surveyor, make and deliver to the surveyor a return of all payments of a kind specified in the notice made during a period so specified, being—
(a)payments made in the course of carrying on the activity, or such part of the activity as may be specified in the notice, for services rendered by persons not employed by the said body of persons, or
(b)periodical or lump sum payments made in respect of any copyright.
(3)A return required under either of the foregoing subsections shall, if the trade or business or other activity is carried on by an unincorporated body of persons, be made and delivered by the person who is or performs the duties of secretary of the body, and the notice shall be framed accordingly.
(4)A return under the foregoing provisions of this section shall give the name of the person to whom each payment was made, the amount of the payment and such other particulars (including particulars as to the services or rights in respect of which the payment was made, the period over which any services were rendered and any business name and any business or home address of the person to whom payment was made) as may be specified in the notice.
(5)No person shall be required under the foregoing provisions of this section to include in a return—
(a)particulars of any payment from which income tax is deductible, or
(b)particulars of payments made to any one person where the total of the payments to that person which would otherwise fall to be included in the return does not exceed fifteen pounds, or
(c)particulars of any payment made in a year of assessment ending more than three years before the service of the notice requiring him to make the return.
(6)A person who fails to deliver, within the time limited in any notice served on him under this section, a true and correct return which he is required by the notice to deliver shall be liable to a penalty not exceeding fifty pounds and, after judgment has been given for that penalty, to a further penalty of the like amount for every day during which the failure continues.
(7)In this section—
(a)references to" payments for services include references to payments in the nature of commission of any kind and references to payments in respect of expenses incurred in connection with the rendering of services, and
(b)references to the making of payments include references to the giving of any valuable consideration;
and the requirement imposed by subsection (4) of this section to state the amount of a payment shall, in relation to any consideration given otherwise than in the form of money, be construed as a requirement to give particulars of the consideration.
(8)This section shall apply to payments made on or after the sixth day of April, nineteen hundred and fifty-six.
(1)The Commissioners of Inland Revenue may direct that persons chargeable under Schedule D in respect of a trade, profession or vocation which falls within a class of activity specified in the direction shall be assessable and chargeable in respect of that trade, profession or vocation in a division named in the direction, or in one of two or more divisions so named, and such persons may be assessed and charged accordingly.
(2)A direction under this section may be expressed to be for particular years of assessment or may be without limit of time and may be varied or withdrawn at any time as respects future years of assessment.
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