Finance Act 2011

Part 5Miscellaneous provision and interpretation

Application of provisions of TMA 1970

43Subject 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

44(1)Regulations under this Schedule are to be made by statutory instrument.

(2)The first regulations to be made under paragraph 1(3) may not be made unless the instrument containing them has been laid in draft before, and approved by a resolution of, the House of Commons.

(3)Subject to sub-paragraph (2), a statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of the House of Commons.

Tax

45(1)In this Schedule “tax” means any or all of the following—

(a)income tax,

(b)capital gains tax,

(c)corporation tax,

(d)VAT,

(e)insurance premium tax,

(f)inheritance tax,

(g)stamp duty land tax,

(h)stamp duty reserve tax,

(i)petroleum revenue tax,

(j)aggregates levy,

(k)climate change levy,

(l)landfill tax, and

(m)relevant foreign tax.

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

(3)“VAT” means—

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

(b)value added tax charged in accordance with the law of another member State,

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

(4)“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 the Directive of the Council of the European Communities No. 77/799/EEC (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.

Statutory records

46(1)For the purposes of this Schedule data form part of a data-holder’s statutory records if they are data that the data-holder is required to keep and preserve under or by virtue of any enactment relating to tax.

(2)Data cease to form part of a data-holder’s statutory records when the period for which the data are required to be preserved under or by virtue of that enactment has expired.

General interpretation

47In 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);

• “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.

48A 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.

Crown application

50This Schedule applies to the Crown but not to Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).