Finance Act 2008

Part 9U.K.Miscellaneous provisions and interpretation

Application of provisions of TMA 1970U.K.

56U.K.Subject to the provisions of this Schedule, the following provisions of TMA 1970 apply for the purposes of this Schedule as they apply for the purposes of the Taxes Acts—

(a)section 108 (responsibility of company officers),

(b)section 114 (want of form), and

(c)section 115 (delivery and service of documents).

Regulations under this ScheduleU.K.

57(1)Regulations made by the Commissioners or the Treasury under this Schedule are to be made by statutory instrument.U.K.

(2)A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of the House of Commons.

General interpretationU.K.

58U.K.In this Schedule—

• “checking” includes carrying out an investigation or enquiry of any kind,

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

• “document” includes a part of a document (except where the context otherwise requires),

• “enactment” includes subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),

• “HMRC” means Her Majesty's Revenue and Customs,

• “premises” includes—

  (a)

  any building or structure,

  (b)

  any land, and

  (c)

  any means of transport,

• “the Taxes Acts” means—

  (a)

  TMA 1970,

  (b)

  the Tax Acts, and

  (c)

  TCGA 1992 and all other enactments relating to capital gains tax, F1...

• “taxpayer”, in relation to a taxpayer notice or a third party notice, has the meaning given in paragraph 1(1) or 2(1) (as appropriate) [F2, and] .

• [F3“tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.]

Authorised officer of Revenue and CustomsU.K.

59U.K.A reference in a provision of this Schedule to an authorised officer of Revenue and Customs is a reference to an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purpose of that provision.

BusinessU.K.

60(1)In this Schedule (subject to regulations under this paragraph), references to carrying on a business include—U.K.

(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 and any other public authority.

[F4(1A)A person who under section 41 of FA 1996 is liable to pay landfill tax charged on a taxable disposal is treated for the purposes of this Schedule (subject to regulations under this paragraph) as carrying on a business.]

(2)In sub-paragraph (1)—

• F5...

• “local authority” has the meaning given in section 999 of ITA 2007, and

• “local authority association” has the meaning given in section 1000 of that Act.

(3)The Commissioners may by regulations provide that for the purposes of this Schedule—

(a)the carrying on of an activity specified in the regulations, or

(b)the carrying on of such an activity (or any activity) by a person specified in the regulations,

is or is not to be treated as the carrying on of a business.

Chargeable periodU.K.

61U.K.In this Schedule “chargeable period” means—

(a)in relation to income tax or capital gains tax, a tax year, and

(b)in relation to corporation tax, an accounting period.

[F6Financial institutionU.K.

61ZA(1)In this Schedule “financial institution” means—U.K.

(a)a financial institution under the CRS other than one which is such an institution because (and only because) it is an investment entity within section VIII (A)(6)(b) of the CRS, or

(b)a person who issues credit cards.

(2)In this paragraph “the CRS” means the common reporting standard for automatic exchange of financial account information developed by the Organisation for Economic Co-operation and Development, as that standard has effect from time to time.]

[F7Involved third partiesU.K.

61A(1)In this Schedule “involved third party” means a person described in the first column of the Table below.U.K.

(2)In this Schedule, in relation to an involved third party, F8... “relevant document” and “relevant tax” have the meaning given in the corresponding entries in that Table.

Statutory recordsU.K.

62(1)For the purposes of this Schedule, information or a document forms part of a person's statutory records if it is information or a document which the person is required to keep and preserve under or by virtue of—U.K.

(a)the Taxes Acts, or

[F14(b)any other enactment relating to a tax,]

subject to the following provisions of this paragraph.

(2)To the extent that any information or document that is required to be kept and preserved under or by virtue of the Taxes Acts—

(a)does not relate to the carrying on of a business, and

(b)is not also required to be kept or preserved under or by virtue of [F15any other enactment relating to a tax],

it only forms part of a person's statutory records to the extent that the chargeable period or periods to which it relates has or have ended.

(3)Information and documents cease to form part of a person's statutory records when the period for which they are required to be preserved by the enactments mentioned in sub-paragraph (1) has expired.

TaxU.K.

63(1)In this Schedule, except where the context otherwise requires, “tax” means all or any of the following—U.K.

(a)income tax,

(b)capital gains tax,

(c)corporation tax,

[F16(ca)diverted profits tax,]

[F17(cb)apprenticeship levy,]

[F18(cc)digital services tax,]

[F19(cd)multinational top-up tax;]

[F20(ce)domestic top-up tax;]

(d)VAT,

[F21(e)insurance premium tax,

(f)inheritance tax,

(g)stamp duty land tax,

(h)stamp duty reserve tax,

[F22(ha)annual tax on enveloped dwellings,]

(i)petroleum revenue tax,

[F23(iza)plastic packaging tax,]

[F24(izb)economic crime (anti-money laundering) levy,]

[F25(ia)soft drinks industry levy,]

(j)aggregates levy,

(k)climate change levy,

(l)landfill tax, and

(m)relevant foreign tax,]

and references to “a tax” are to be interpreted accordingly.

(2)In this Schedule “corporation tax” includes any amount assessable or chargeable as if it were corporation tax.

(3)In this Schedule “VAT” means—

(a)value added tax charged in accordance with VATA 1994, F26...

(b)F27... [F28and

(c)amounts listed in sub-paragraph (3A).]

[F29(3A)Those amounts are—

(a)any amount that is recoverable under paragraph 5(2) of Schedule 11 to VATA 1994 (amounts shown on invoices as VAT), and

(b)any amount that is treated as VAT by virtue of regulations under section 54 of VATA 1994 (farmers etc).]

(4)In this Schedule “relevant foreign tax” means—

(a)a tax of a member State, other than the United Kingdom, which is covered by the provisions for the exchange of information under [F30Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation] (as amended from time to time), and

(b)any tax or duty which is imposed under the law of a territory in relation to which arrangements having effect by virtue of section 173 of FA 2006 (international tax enforcement arrangements) have been made and which is covered by the arrangements.

[F31Tax debts: collectionU.K.

63A(1)In this Schedule a reference to collecting a tax debt of a person is a reference to taking any steps for, or in connection with, the recovery of—U.K.

(a)an amount of tax due from the person, or

(b)any other amount due from the person in connection with any tax.

(2)It does not matter whether or not another person is, or has been, at any time liable to pay the tax or other amount.]

[F32Tax debts: extended meaning of “relevant foreign tax”U.K.

63BU.K.Where this Schedule applies for the purpose of collecting a tax debt of a person, “relevant foreign tax” is to be taken to include (in addition to what is mentioned in paragraph 63(4)) any tax or duty which is covered by the provisions for the exchange of information under Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (as it had effect immediately before IP completion day).]

Tax positionU.K.

64(1)In this Schedule, except as otherwise provided, “tax position”, in relation to a person, means the person's position as regards any tax, including the person's position as regards—U.K.

(a)past, present and future liability to pay any tax,

(b)penalties and other amounts that have been paid, or are or may be payable, by or to the person in connection with any tax, and

(c)claims, elections, applications and notices that have been or may be made or given in connection with [F33the person's liability to pay] any tax,

and references to a person's position as regards a particular tax (however expressed) are to be interpreted accordingly.

(2)References in this Schedule to a person's tax position include, where appropriate, a reference to the person's position as regards any deductions or repayments of tax, or of sums representing tax, that the person is required to make—

(a)under PAYE regulations,

(b)under Chapter 3 of Part 3 of FA 2004 or regulations made under that Chapter (construction industry scheme), or

(c)by or under any other provision of the Taxes Acts.

[F34(2A)References in this Schedule to a person's tax position also include, where appropriate, a reference to the person's position as regards the withholding by the person of another person's PAYE income (as defined in section 683 of ITEPA 2003).]

(3)References in this Schedule to the tax position of a person include the tax position of—

(a)a company that has ceased to exist, and

(b)an individual who has died.

(4)References in this Schedule to a person's tax position are to the person's tax position at any time or in relation to any period, unless otherwise stated.