Taxes Management Act 1970
Taxes Management Act 1970 (1970 c. 9)
- Taxes Management Act 1970 (1970 c. 9)
- PART I ADMINISTRATION
- 1 Responsibility for certain taxes
- 2 General Commissioners
- 2A General Commissioners: costs and expenses in legal proceedings.
- 3 Clerk to General Commissioners.
- 3A General Commissioners and clerks: indemnity.
- 4 Special Commissioners.
- 4A Deputy Special Commissioners.
- 5 General and Special Commissioners.
- 6 Declarations on taking office.
- PART II RETURNS OF INCOME AND GAINS
- Income tax
- 7 Notice of liability to income tax and capital gains tax.
- 7A Disregard of certain NRCGT gains for purposes of section 7
- 8 Personal return.
- 8ZA Interpretation of section 8(4A)
- 8A Trustee’s return.
- 8B Withdrawal by HMRC of notice under section 8 or 8A
- 8C Returns so far as relating to capital gains tax
- 9 Returns to include self-assessment.
- 9ZA Amendment of personal or trustee return by taxpayer
- 9ZB Correction of personal or trustee return by Revenue
- 9A Notice of enquiry
- 9B Amendment of return by taxpayer during enquiry
- 9C Amendment of self-assessment during enquiry to prevent loss of tax
- 9D Choice between different Cases of Schedule D
- Corporation tax
- 10 Notice of liability to corporation tax.
- 11 Return of profits.
- 11A Notice of liability to capital gains tax.
- 11AA Return of profits to include self-assessment.
- 11AB Power to enquire into return of profits.
- 11AC Modifications of sections 11AA and 11AB in relation to non-annual accounting of general insurance business.
- 11AD Modifications of sections 11AA and 11AB for insurance companies with non-annual actuarial investigations.
- 11AE Modifications of sections 11AA and 11AB for friendly societies with non-annual actuarial investigations.
- 12 Information about chargeable gains.
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- 12ZA Interpretation of sections 12ZB to 12ZN
- 12ZB NRCGT return
- 12ZBA Elective NRCGT return
- 12ZC Single return in respect of two or more non-resident CGT disposals
- 12ZD NRCGT returns: grant and exercise of options
- 12ZE NRCGT return to include advance self-assessment
- 12ZF The “amount notionally chargeable”
- 12ZG Cases where advance self-assessment not required
- 12ZH NRCGT returns and annual self-assessment: section 8
- 12ZI NRCGT returns and annual self-assessment: section 8A
- 12ZJ Sections 12ZA to 12ZI: determination of residence status
- 12ZK Amendment of NRCGT return by the taxpayer
- 12ZL Correction of NRCGT return by HMRC
- 12ZM Notice of enquiry
- 12ZN Amendment of return by taxpayer during enquiry
- Partnerships
- 12AA Partnership return.
- 12AAA Withdrawal by HMRC of notice under section 12AA
- 12AB Partnership return to include partnership statement.
- 12ABZA Partnership returns: overseas partners in investment partnerships etc
- 12ABZAA Returns relating to LLP not carrying on business etc with view to profit
- 12ABZB Partnership return conclusive as to partnership shares
- 12ABA Amendment of partnership return by taxpayer
- 12ABB Correction of partnership return by Revenue
- 12AC Notice of enquiry
- 12AD Amendment of partnership return by taxpayer, or referral of dispute, during enquiry
- 12ADA AIFM firms
- 12AE Choice between different Cases of Schedule D
- UK Economic Interest Groupings and European Economic Interest Groupings
- 12A UK Economic Interest Groupings and European Economic Interest Groupings.
- Records
- 12B Records to be kept for purposes of returns.
- Digital reporting and record-keeping
- 12C Digital reporting and record-keeping
- Voluntary returns
- 12D Returns made otherwise than pursuant to a notice
- PART III OTHER RETURNS AND INFORMATION
- 13 Persons in receipt of taxable income belonging to others.
- 14 Return of lodgers and inmates.
- 15 Return of employees' earnings etc.
- 15A Non-resident's staff are UK client's employees for section 15 purposes
- 16 Fees, commissions, etc.
- 16A Agency workers.
- 17 Interest paid or credited by banks, building societies, etc. without deduction of income tax.
- 18 Interest paid without deduction of income tax.
- 18A Other payments and licences etc.
- 18B Savings income: regulations about European and international aspects
- 18C Regulations under section 18B: provision about “paying agents”
- 18D Content of regulations under section 18B: supplementary provision
- 18E Interpretation of sections 18B to 18D: “prescribed” etc
- 19 Information for purposes of charge on profits of UK property businesses or under Schedule A.
- Production of accounts, books and other information
- 19A Power to call for documents for purposes of certain enquiries.
- 20 Power to call for documents of taxpayer and others.
- 20A Power to call for papers of tax accountant.
- 20B Restrictions on powers under section 20A.
- 20BA Orders for the delivery of documents.
- 20BB Falsification etc. of documents.
- 20C Entry with warrant to obtain documents.
- 20CC Procedure where documents etc. are removed.
- 20D Interpretation of ss.20 to 20C.
- 21 Stock jobbers’ transactions.
- Surtax
- 22 Additional particulars for surtax.
- 23 Power to obtain copies of registers of securities.
- 24 Power to obtain information as to income from securities.
- Chargeable gains
- 25 Issuing houses, stockbrokers, auctioneers, etc.
- 26 Nominee shareholders.
- 27 Settled property.
- 28 Non-resident companies and trusts.
- PART 3A REFERRAL OF QUESTIONS DURING ENQUIRY
- 28ZA Referral of questions during enquiry
- 28ZB Withdrawal of notice of referral
- 28ZC Regulations with respect to referrals
- 28ZD Effect of referral on enquiry
- 28ZE Effect of determination
- PART IV ASSESSMENT AND CLAIMS
- 28A Completion of enquiry into personal or trustee return ...
- 28AA Amendment of return of profits made for wrong period.
- 28AB Provisions supplementary to section 28AA.
- 28B Completion of enquiry into partnership return
- 28C Determination of tax where no return delivered.
- 28D Determination of corporation tax where no return delivered.
- 28E Determination of corporation tax where notice complied with in part.
- 28F Corporation tax determinations: supplementary.
- 28G Determination of amount notionally chargeable where no NRCGT return delivered
- 28H Simple assessments by HMRC: personal assessments
- 28I Simple assessments by HMRC: trustees
- 28J Power to withdraw a simple assessment
- 29 Assessment where loss of tax discovered.
- 29A Non-resident CGT disposals: determination of amount which should have been assessed
- 30 Recovery of overpayment of tax, etc.
- 30A Assessing procedure.
- 30AA Assessing income tax on trustees and personal representatives
- 30B Amendment of partnership statement where loss of tax discovered.
- 30C Transfer pricing records: carelessness for the purposes of section 29
- 30D Transfer pricing records: carelessness for the purposes of section 30B
- 31 Appeals: right of appeal
- 31A Appeals: notice of appeal
- 31AA Taxpayer's right to query simple assessment
- 31B Appeals: appeals to General Commissioners
- 31C Appeals: appeals to Special Commissioners
- 31D Appeals: election to bring appeal before Special Commissioners
- Overpaid tax, excessive assessments etc
- 32 Double assessment.
- 33 Recovery of overpaid tax etc
- Time limits
- 34 Ordinary time limit of 4 years.
- 34A Ordinary time limit for self-assessments
- 35 Time limit: income received after year for which it is assessable
- 36 Loss of tax brought about carelessly or deliberately etc
- 36A Loss of tax involving offshore matter or offshore transfer
- 37 Neglect: income tax and capital gains tax.
- 37A Effect of assessment where allowances transferred.
- 38 Modification of s.37 in relation to partnerships.
- 39 Neglect: corporation tax.
- 40 Assessment on personal representatives.
- 41 Leave of General or Special Commissioners required for certain assessments.
- Corporation tax determinations
- 41A Determination procedure
- 41B Reduction of determination
- 41C Time limits
- Claims
- 42 Procedure for making claims etc.
- 43 Time limit for making claims.
- 43A Further assessments: claims etc.
- 43B Limits on application of section 43A.
- 43C Consequential claims etc
- 43D Claims for double taxation relief in relation to petroleum revenue tax
- 43E Making of income tax claims by electronic communications etc
- 43F Effect of directions under section 43E
- PART V APPEALS AND OTHER PROCEEDINGS
- Jurisdiction
- 44 General Commissioners.
- 45 Quorum of Special Commissioners.
- 46 General and Special Commissioners.
- 46A Regulations about jurisdiction.
- 46B Questions to be determined by Special Commissioners.
- 46C Jurisdiction of Special Commissioners over certain claims included in returns.
- 46D Questions to be determined by the relevant tribunal.
- 47 Special jurisdiction relating to tax on chargeable gains.
- 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47B Special jurisdiction relating to Business Expansion Scheme.
- Appeals
- 47C Meaning of tribunal
- 48 Application to appeals and other proceedings
- 49 Late notice of appeal
- 49A Appeal: HMRC review or determination by tribunal
- 49B Appellant requires review by HMRC
- 49C HMRC offer review
- 49D Notifying appeal to the tribunal
- 49E Nature of review etc
- 49EA Nature of review: penalties under Schedule 24 to FA 2021
- 49F Effect of conclusions of review
- 49FA Effect of conclusions of review: penalties under Schedule 24 to FA 2021
- 49G Notifying appeal to tribunal after review concluded
- 49H Notifying appeal to tribunal after review offered but not accepted
- 49I Interpretation of sections 49A to 49H
- 50 Procedure.
- 51 Power of Commissioners to obtain information from appellant.
- 52 Evidence.
- 53 Appeals against summary determination of penalties.
- 54 Settling of appeals by agreement.
- 54A No questioning in appeal of amounts of certain social security income
- 54B Notifications of taxable amounts of certain social security income
- 54C Interpretation of sections 54A and 54B: “appropriate officer” etc
- 55 Recovery of tax not postponed.
- 56 Payment of tax where there is a further appeal
- 56A Appeals from the Special Commissioners.
- 56B Regulations about practice and procedure.
- 56C Power of Special Commissioners to order costs.
- 56D Power of Special Commissioners to publish reports of decisions.
- Chargeable gains
- 57 Regulations about appeals.
- 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 57B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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- 58 Proceedings in tax cases in Northern Ireland.
- 59 Election for county court in Northern Ireland.
- PART VA Payment of Tax
- Income tax and capital gains tax
- 59A Payments on account of income tax.
- 59AZA Payments on account of capital gains tax: disposals of land etc
- 59AA Non-resident CGT disposals: payments on account of capital gains tax
- 59AB Amounts payable on account: recovery
- 59B Payment of income tax and capital gains tax: assessments other than simple assessments.
- 59BA Payment of income tax and capital gains tax: simple assessments
- 59BB CGT exit charge payment plans
- 59C Surcharges on unpaid income tax and capital gains tax.
- Corporation tax
- 59D General rule as to when corporation tax is due and payable.
- 59DA Claim for repayment in advance of liability being established.
- 59E Further provision as to when corporation tax is due and payable.
- 59F Arrangements for paying tax on behalf of group members
- 59FA CT exit charge payment plans
- 59FB CT payment plans for tax on certain transactions with EEA residents
- Managed payment plans
- 59G Managed payment plans
- 59H Balancing of instalments for the purposes of section 59G
- PART VI COLLECTION AND RECOVERY
- 60 Issue of demand notes and receipts.
- Distraint and poinding
- 61 Distraint by collectors.
- 62 Priority of claim for tax.
- 63 Recovery of tax in Scotland
- 63A Sheriff officer’s fees and outlays.
- 64 Priority of claim for tax in Scotland.
- Court proceedings
- 65 Magistrates’ courts.
- 66 County courts.
- 67 Inferior courts in Scotland.
- 68 High Court, etc.
- Supplemental
- 69 Recovery of penalty ... or interest
- 70 Evidence.
- 70A Payments by cheque.
- PART VII PERSONS CHARGEABLE IN A REPRESENTATIVE CAPACITY, ETC.
- Income Tax
- 71 Bodies of persons.
- 72 Trustees, guardians, etc., of incapacitated persons.
- 73 Further provision as to infants.
- 74 Personal representatives.
- 75 Receivers appointed by a court.
- 76 Protection for certain trustees, agents and receivers.
- Capital gains tax
- 77 Application of Part VII to capital gains tax.
- 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- PART 7A Holders of licences under the Petroleum Act 1998
- Licence-holders' liabilities for tax assessed on non-UK residents
- 77B Pre-conditions for serving secondary-liability notice
- 77C Secondary-liability notices
- 77D Payments under secondary-liability notices
- 77E Exception for certain pre-1974 cases
- Exemption certificates
- 77F Issue, cancellation and effect of exemption certificates
- 77G Liabilities for assessments made after exemption certificate cancelled
- Supplementary
- 77H Calculations under sections 77C(3) and 77G(7)
- 77I Information
- 77J Meaning of “related to a licence” as respects tax, or profits or gains
- 77K Other definitions in Part 7A
- PART VIII CHARGES ON NON-RESIDENTS
- Income tax
- 78 Method of charging non-residents.
- 79 Profits from branch or agency.
- 80 Charge on percentage of turnover.
- 81 Taxation on basis of merchanting profit.
- 82 Savings.
- 83 Responsibilities and indemnification of persons in whose name a non-resident person is chargeable.
- Capital gains tax
- 84 Gains from branch or agency.
- Corporation tax
- 85 Application of Part VIII to corporation tax.
- 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- PART IX INTEREST ON OVERDUE TAX
- 86 Interest on overdue income tax and capital gains tax.
- 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87 Interest on overdue income tax deducted at source
- 87A Interest on overdue corporation tax etc.
- 88 Interest on tax recovered to make good loss due to taxpayer’s fault.
- 88A Determinations under section 88.
- 89 The prescribed rate of interest.
- 90 Interest on tax payable gross
- 91 Effect on interest of reliefs.
- 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 92 Remission in certain cases of interest on tax in arrear by reason of exchange restrictions.
- PART X PENALTIES, ETC.
- 93 Failure to make return for income tax and capital gains tax.
- 93A Failure to make partnership return.
- 94 Failure to make return for corporation tax.
- 95 Incorrect return or accounts for income tax or capital gains tax.
- 95A Incorrect partnership return or accounts.
- 96 Incorrect return or accounts for corporation tax.
- 97 Incorrect return or accounts: supplemental.
- 97AA Failure to produce documents under section 19A.
- 97A Two or more tax-geared penalties in respect of the same tax.
- 98 Special returns, etc.
- 98A Special penalties in the case of certain returns.
- 98B UK Economic Interest Groupings and European Economic Interest Groupings.
- 98C Notification under Part 7 of Finance Act 2004
- 99 Assisting in preparation of incorrect return, etc.
- 99A Certificates of non-liability to income tax.
- 99B Declarations under Chapter 2 of Part 15 of ITA 2007
- 100 Determination of penalties by officer of the Board.
- 100A Provisions supplementary to section 100.
- 100B Appeals against penalty determinations.
- 100C Penalty proceedings before First-tier Tribunal .
- 100D Penalty proceedings before court.
- 101 Evidence for purposes of proceedings relating to penalties.
- 102 Mitigation of penalties.
- 103 Time limits for penalties.
- 103ZA Disapplication of sections 100 to 103 in the case of certain penalties
- 103A Interest on penalties.
- 104 Saving for criminal proceedings.
- 105 Admissibility of evidence not affected by offer of settlement etc.
- 106 Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.
- Evasion
- 106A Offence of fraudulent evasion of income tax
- Offshore income, assets and activities
- 106B Offence of failing to give notice of being chargeable to tax
- 106C Offence of failing to deliver return
- 106D Offence of making inaccurate return
- 106E Exclusions from offences under sections 106B to 106D
- 106F Offences under sections 106B to 106D: supplementary provision
- 106G Penalties for offences under sections 106B to 106D
- 106H Regulations under sections 106E and 106F
- Scotland
- 107 Criminal liability for false statements made to obtain allowances.
- PART XI MISCELLANEOUS AND SUPPLEMENTAL
- Settlements
- 107A Relevant trustees.
- Companies
- 108 Responsibility of company officers.
- 109 Corporation tax on close company in connection with loans or benefits to participators etc.
- 109A Residence of companies
- Companies ceasing to be UK resident
- 109B Provisions for securing payment by company of outstanding tax
- 109C Penalty for company's failure to comply with section 109B
- 109D Penalty for other persons if company fails to comply with section 109B
- 109E Liability of other persons for unpaid tax
- 109F Interpretation of sections 109B to 109E
- Valuation
- 110 Valuation of land: power of entry.
- 111 Valuation of assets: power to inspect.
- Documents
- 112 Loss, destruction or damage to assessments, returns, etc.
- 113 Form of returns and other documents.
- 114 Want of form or errors not to invalidate assessments, etc.
- 115 Delivery and service of documents.
- 115A Electronic lodgement of tax returns, etc.
- 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Northern Ireland
- 117 Action of ejectment in Northern Ireland.
- Interpretation
- 118 Interpretation.
- PART XII GENERAL
- 119 Commencement and construction.
- 120 Short title.
- SCHEDULES
- SCHEDULE 1 FORMS OF DECLARATIONS
- PART I GENERAL AND SPECIAL COMMISSIONERS AND OTHERS
- PART II COMMISSIONERS OF INLAND REVENUE
- PART III INSPECTORS, COLLECTORS AND OTHER OFFICERS
- SCHEDULE A1 Digital reporting and record-keeping
- PART 1 Introduction
- Overview
- Interpretation: relevant persons
- Interpretation: relevant partnerships
- ...
- Nominated partners
- PART 2 Digital reporting and record-keeping
- Interpretation
- Periodic updates
- End of period statement
- Personal or trustee return etc.
- Partnership return
- Record-keeping
- Electronic communications and records: supplementary powers
- PART 3 Exemptions
- Exemption for the digitally excluded
- Further exemptions
- PART 4 Supplementary provision
- Appeals
- Interpretation
- Regulations
- SCHEDULE 1AA Orders for production of documents
- Introduction
- Authorised officer of the Board
- Notice of application for order
- Obligations of person given notice of application
- Exception of items subject to legal privilege
- Resolution of disputes as to legal privilege
- Complying with an order
- Procedure where documents are delivered
- Sanction for failure to comply with order
- Notice of order etc.
- General provisions about regulations
- SCHEDULE 1AB Recovery of overpaid tax etc
- Claim for relief for overpaid tax etc
- Cases in which Commissioners not liable to give effect to claim
- Making a claim
- Determinations under section 28C: special rules
- The claimant: one person accountable for amounts payable by another etc
- The claimant: partnerships
- Assessment of claimant in connection with claim
- Amendment of partnership return etc in connection with claim
- Contract settlements
- Interpretation
- SCHEDULE 1A Claims etc. not included in returns
- Preliminary
- Making of claims
- Keeping and preserving of records
- Amendments of claims
- Giving effect to claims and amendments
- Power to enquire into claims
- Power to call for documents for purposes of enquiries
- Appeal against notice to produce documents, etc
- Completion of enquiry into claim
- Giving effect to such amendments
- Appeals against such amendments
- SCHEDULE 1B Claims for relief involving two or more years
- Preliminary
- Loss relief
- Relief for fluctuating profits of farming etc.
- Relief claimed by virtue of section 224(4) of ITTOIA 2005
- Carry-back of post-cessation etc. receipts
- Backward spreading of certain payments
- SCHEDULE 2 JURISDICTION IN APPEALS ON CLAIMS
- Appeal from inspector
- Supplemental
- SCHEDULE 3 Rules for assigning proceedings to General Commissioners
- Introductory
- General rule for income and capital gains tax proceedings
- Pay As You EarnPAYE appeals
- Corporation tax et ceteralaetc.
- Procedure for making elections, et ceteralaetc.
- Partnerships
- Directions by the Board
- Other provisions
- SCHEDULE 3ZA Date by which payment to be made after amendment or correction of self-assessment
- General
- Amendment of personal or trustee return by the taxpayer
- Correction of personal or trustee return by Revenue
- Amendment of personal or trustee return to prevent loss of tax
- Amendment of personal or trustee return by closure notice
- Amendment consequential on amendment of partnership return by taxpayer
- Amendment consequential on correction of partnership return by Revenue or tribunal determination of partnership dispute
- Amendment consequential on amendment of partnership return by closure notice
- Amendment consequential on amendment of partnership return to prevent loss of tax
- Amendment consequential on amendment of partnership return by way of error or mistake relief
- Amendment consequential on reduction or increase on appeal of amounts stated in partnership statement
- SCHEDULE 3ZAA CGT exit charge payment plans
- Introduction
- Eligibility
- Tax to which a plan relates
- Payment by instalments
- Entering into a plan
- Contents of a plan
- Effect of a plan
- Supplementary
- SCHEDULE 3ZB CT exit charge payment plans
- PART 1 company ceasing to be resident in UK
- Circumstances in which CT exit charge payment plan may be entered into
- Qualifying corporation tax
- Interpretation: exit charge assets and liabilities
- PART 2 Non-UK resident companies with UK permanent establishments
- Circumstances in which CT exit charge payment plan may be entered into
- Qualifying corporation tax
- Interpretation: exit charge assets and liabilities
- PART 3 Entering into a CT exit charge payment plan
- Introduction
- Entering into a CT exit charge payment plan
- Effect of CT exit charge payment plan
- Content of CT exit charge payment plan
- The payment method
- All of outstanding balance due
- All of outstanding balance attributable to particular exit charge asset or liability due
- Part of outstanding balance attributable to particular exit charge asset or liability due
- SCHEDULE 3ZC CT Payment plans for tax on certain transactions with EEA residents
- Introduction
- Qualifying corporation tax
- Qualifying transactions
- Eligibility to enter a CT payment plan
- Application to enter a CT payment plan
- Entering into a CT payment plan
- Content of CT payment plan
- Effect of CT payment plan
- The payment method: instalments
- The payment method: all of outstanding balance due
- All of outstanding balance attributable to particular qualifying transaction due
- Part of outstanding balance attributable to particular qualifying transaction due
- SCHEDULE 3A Electronic lodgement of tax returns, etc.
- Part I Tax returns: general
- The basic rule
- Returns to which Schedule applies
- Part II Documents supporting certain tax returns
- Part III The conditions
- Approved persons
- Approved manner of transmission
- Content of transmission
- Procedure for accepting electronic transmissions
- Part IV Hard copies of information transmitted
- Provisions about making of hard copies
- Meaning of “hard copy”
- Part V Status of information
- Exercise of powers
- Proceedings
- SCHEDULE 4 SAVINGS AND TRANSITORY PROVISIONS
- Declaration of secrecy
- Information about interest paid or credited without deduction of tax by banks, etc.
- Assessments
- Claims
- Choice of Commissioners to hear proceedings
- Settling of appeals by agreement
- Interest on tax
- Penalties, etc.
- Northern Ireland
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