Law

Taxes Management Act 1970

United Kingdom · statute

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In force since 2026-06-25, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 330 provisions
  1. Title and introductory text
  2. 1 Responsibility for certain taxes
  3. 2 General Commissioners
  4. 2A General Commissioners: costs and expenses in legal proceedings.
  5. 3 Clerk to General Commissioners.
  6. 3A General Commissioners and clerks: indemnity.
  7. 4 Special Commissioners.
  8. 4A Deputy Special Commissioners.
  9. 5 General and Special Commissioners.
  10. 6 Declarations on taking office.
  11. 7 Notice of liability to income tax and capital gains tax.
  12. 7A Disregard of certain NRCGT gains for purposes of section 7
  13. 8 Personal return.
  14. 8ZA Interpretation of section 8(4A)
  15. 8A Trustee’s return.
  16. 8B Withdrawal by HMRC of notice under section 8 or 8A
  17. 8C Returns so far as relating to capital gains tax
  18. 9 Returns to include self-assessment.
  19. 9ZA Amendment of personal or trustee return by taxpayer
  20. 9ZB Correction of personal or trustee return by Revenue
  21. 9A Notice of enquiry
  22. 9B Amendment of return by taxpayer during enquiry
  23. 9C Amendment of self-assessment during enquiry to prevent loss of tax
  24. 9D Choice between different Cases of Schedule D
  25. 10 Notice of liability to corporation tax.
  26. 11 Return of profits.
  27. 11A Notice of liability to capital gains tax.
  28. 11AA Return of profits to include self-assessment.
  29. 11AB Power to enquire into return of profits.
  30. 11AC Modifications of sections 11AA and 11AB in relation to non-annual accounting of general insurance business.
  31. 11AD Modifications of sections 11AA and 11AB for insurance companies with non-annual actuarial investigations.
  32. 11AE Modifications of sections 11AA and 11AB for friendly societies with non-annual actuarial investigations.
  33. 12 Information about chargeable gains.
  34. 12ZA Interpretation of sections 12ZB to 12ZN
  35. 12ZB NRCGT return
  36. 12ZBA Elective NRCGT return
  37. 12ZC Single return in respect of two or more non-resident CGT disposals
  38. 12ZD NRCGT returns: grant and exercise of options
  39. 12ZE NRCGT return to include advance self-assessment
  40. 12ZF The “amount notionally chargeable”
  41. 12ZG Cases where advance self-assessment not required
  42. 12ZH NRCGT returns and annual self-assessment: section 8
  43. 12ZI NRCGT returns and annual self-assessment: section 8A
  44. 12ZJ Sections 12ZA to 12ZI: determination of residence status
  45. 12ZK Amendment of NRCGT return by the taxpayer
  46. 12ZL Correction of NRCGT return by HMRC
  47. 12ZM Notice of enquiry
  48. 12ZN Amendment of return by taxpayer during enquiry
  49. 12AA Partnership return.
  50. 12AAA Withdrawal by HMRC of notice under section 12AA
  51. 12AB Partnership return to include partnership statement.
  52. 12ABZA Partnership returns: overseas partners in investment partnerships etc
  53. 12ABZAA Returns relating to LLP not carrying on business etc with view to profit
  54. 12ABZB Partnership return conclusive as to partnership shares
  55. 12ABA Amendment of partnership return by taxpayer
  56. 12ABB Correction of partnership return by Revenue
  57. 12AC Notice of enquiry
  58. 12AD Amendment of partnership return by taxpayer, or referral of dispute, during enquiry
  59. 12ADA AIFM firms
  60. 12AE Choice between different Cases of Schedule D
  61. 12A UK Economic Interest Groupings and European Economic Interest Groupings.
  62. 12B Records to be kept for purposes of returns.
  63. 12C Digital reporting and record-keeping
  64. 12D Returns made otherwise than pursuant to a notice
  65. 13 Persons in receipt of taxable income belonging to others.
  66. 14 Return of lodgers and inmates.
  67. 15 Return of employees' earnings etc.
  68. 15A Non-resident's staff are UK client's employees for section 15 purposes
  69. 16 Fees, commissions, etc.
  70. 16A Agency workers.
  71. 17 Interest paid or credited by banks, building societies, etc. without deduction of income tax.
  72. 18 Interest paid without deduction of income tax.
  73. 18A Other payments and licences etc.
  74. 18B Savings income: regulations about European and international aspects
  75. 18C Regulations under section 18B: provision about “paying agents”
  76. 18D Content of regulations under section 18B: supplementary provision
  77. 18E Interpretation of sections 18B to 18D: “prescribed” etc
  78. 19 Information for purposes of charge on profits of UK property businesses or under Schedule A.
  79. 19A Power to call for documents for purposes of certain enquiries.
  80. 20 Power to call for documents of taxpayer and others.
  81. 20A Power to call for papers of tax accountant.
  82. 20B Restrictions on powers under section 20A.
  83. 20BA Orders for the delivery of documents.
  84. 20BB Falsification etc. of documents.
  85. 20C Entry with warrant to obtain documents.
  86. 20CC Procedure where documents etc. are removed.
  87. 20D Interpretation of ss.20 to 20C.
  88. 21 Stock jobbers’ transactions.
  89. 22 Additional particulars for surtax.
  90. 23 Power to obtain copies of registers of securities.
  91. 24 Power to obtain information as to income from securities.
  92. 25 Issuing houses, stockbrokers, auctioneers, etc.
  93. 26 Nominee shareholders.
  94. 27 Settled property.
  95. 28 Non-resident companies and trusts.
  96. 28ZA Referral of questions during enquiry
  97. 28ZB Withdrawal of notice of referral
  98. 28ZC Regulations with respect to referrals
  99. 28ZD Effect of referral on enquiry
  100. 28ZE Effect of determination
  101. 28A Completion of enquiry into personal or trustee return ...
  102. 28AA Amendment of return of profits made for wrong period.
  103. 28AB Provisions supplementary to section 28AA.
  104. 28B Completion of enquiry into partnership return
  105. 28C Determination of tax where no return delivered.
  106. 28D Determination of corporation tax where no return delivered.
  107. 28E Determination of corporation tax where notice complied with in part.
  108. 28F Corporation tax determinations: supplementary.
  109. 28G Determination of amount notionally chargeable where no NRCGT return delivered
  110. 28H Simple assessments by HMRC: personal assessments
  111. 28I Simple assessments by HMRC: trustees
  112. 28J Power to withdraw a simple assessment
  113. 29 Assessment where loss of tax discovered.
  114. 29A Non-resident CGT disposals: determination of amount which should have been assessed
  115. 30 Recovery of overpayment of tax, etc.
  116. 30A Assessing procedure.
  117. 30AA Assessing income tax on trustees and personal representatives
  118. 30B Amendment of partnership statement where loss of tax discovered.
  119. 30C Transfer pricing records: carelessness for the purposes of section 29
  120. 30D Transfer pricing records: carelessness for the purposes of section 30B
  121. 31 Appeals: right of appeal
  122. 31A Appeals: notice of appeal
  123. 31AA Taxpayer's right to query simple assessment
  124. 31B Appeals: appeals to General Commissioners
  125. 31C Appeals: appeals to Special Commissioners
  126. 31D Appeals: election to bring appeal before Special Commissioners
  127. 32 Double assessment.
  128. 33 Recovery of overpaid tax etc
  129. 34 Ordinary time limit of 4 years.
  130. 34A Ordinary time limit for self-assessments
  131. 35 Time limit: income received after year for which it is assessable
  132. 36 Loss of tax brought about carelessly or deliberately etc
  133. 36A Loss of tax involving offshore matter or offshore transfer
  134. 37 Neglect: income tax and capital gains tax.
  135. 37A Effect of assessment where allowances transferred.
  136. 38 Modification of s.37 in relation to partnerships.
  137. 39 Neglect: corporation tax.
  138. 40 Assessment on personal representatives.
  139. 41 Leave of General or Special Commissioners required for certain assessments.
  140. 41A Determination procedure
  141. 41B Reduction of determination
  142. 41C Time limits
  143. 42 Procedure for making claims etc.
  144. 43 Time limit for making claims.
  145. 43A Further assessments: claims etc.
  146. 43B Limits on application of section 43A.
  147. 43C Consequential claims etc
  148. 43D Claims for double taxation relief in relation to petroleum revenue tax
  149. 43E Making of income tax claims by electronic communications etc
  150. 43F Effect of directions under section 43E
  151. 44 General Commissioners.
  152. 45 Quorum of Special Commissioners.
  153. 46 General and Special Commissioners.
  154. 46A Regulations about jurisdiction.
  155. 46B Questions to be determined by Special Commissioners.
  156. 46C Jurisdiction of Special Commissioners over certain claims included in returns.
  157. 46D Questions to be determined by the relevant tribunal.
  158. 47 Special jurisdiction relating to tax on chargeable gains.
  159. 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  160. 47B Special jurisdiction relating to Business Expansion Scheme.
  161. 47C Meaning of tribunal
  162. 48 Application to appeals and other proceedings
  163. 49 Late notice of appeal
  164. 49A Appeal: HMRC review or determination by tribunal
  165. 49B Appellant requires review by HMRC
  166. 49C HMRC offer review
  167. 49D Notifying appeal to the tribunal
  168. 49E Nature of review etc
  169. 49EA Nature of review: penalties under Schedule 24 to FA 2021
  170. 49F Effect of conclusions of review
  171. 49FA Effect of conclusions of review: penalties under Schedule 24 to FA 2021
  172. 49G Notifying appeal to tribunal after review concluded
  173. 49H Notifying appeal to tribunal after review offered but not accepted
  174. 49I Interpretation of sections 49A to 49H
  175. 50 Procedure.
  176. 51 Power of Commissioners to obtain information from appellant.
  177. 52 Evidence.
  178. 53 Appeals against summary determination of penalties.
  179. 54 Settling of appeals by agreement.
  180. 54A No questioning in appeal of amounts of certain social security income
  181. 54B Notifications of taxable amounts of certain social security income
  182. 54C Interpretation of sections 54A and 54B: “appropriate officer” etc
  183. 55 Recovery of tax not postponed.
  184. 56 Payment of tax where there is a further appeal
  185. 56A Appeals from the Special Commissioners.
  186. 56B Regulations about practice and procedure.
  187. 56C Power of Special Commissioners to order costs.
  188. 56D Power of Special Commissioners to publish reports of decisions.
  189. 57 Regulations about appeals.
  190. 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  191. 57B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  192. 58 Proceedings in tax cases in Northern Ireland.
  193. 59 Election for county court in Northern Ireland.
  194. 59A Payments on account of income tax.
  195. 59AZA Payments on account of capital gains tax: disposals of land etc
  196. 59AA Non-resident CGT disposals: payments on account of capital gains tax
  197. 59AB Amounts payable on account: recovery
  198. 59B Payment of income tax and capital gains tax: assessments other than simple assessments.
  199. 59BA Payment of income tax and capital gains tax: simple assessments
  200. 59BB CGT exit charge payment plans
  201. 59C Surcharges on unpaid income tax and capital gains tax.
  202. 59D General rule as to when corporation tax is due and payable.
  203. 59DA Claim for repayment in advance of liability being established.
  204. 59E Further provision as to when corporation tax is due and payable.
  205. 59F Arrangements for paying tax on behalf of group members
  206. 59FA CT exit charge payment plans
  207. 59FB CT payment plans for tax on certain transactions with EEA residents
  208. 59G Managed payment plans
  209. 59H Balancing of instalments for the purposes of section 59G
  210. 60 Issue of demand notes and receipts.
  211. 61 Distraint by collectors.
  212. 62 Priority of claim for tax.
  213. 63 Recovery of tax in Scotland
  214. 63A Sheriff officer’s fees and outlays.
  215. 64 Priority of claim for tax in Scotland.
  216. 65 Magistrates’ courts.
  217. 66 County courts.
  218. 67 Inferior courts in Scotland.
  219. 68 High Court, etc.
  220. 69 Recovery of penalty ... or interest
  221. 70 Evidence.
  222. 70A Payments by cheque.
  223. 71 Bodies of persons.
  224. 72 Trustees, guardians, etc., of incapacitated persons.
  225. 73 Further provision as to infants.
  226. 74 Personal representatives.
  227. 75 Receivers appointed by a court.
  228. 76 Protection for certain trustees, agents and receivers.
  229. 77 Application of Part VII to capital gains tax.
  230. 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  231. 77B Pre-conditions for serving secondary-liability notice
  232. 77C Secondary-liability notices
  233. 77D Payments under secondary-liability notices
  234. 77E Exception for certain pre-1974 cases
  235. 77F Issue, cancellation and effect of exemption certificates
  236. 77G Liabilities for assessments made after exemption certificate cancelled
  237. 77H Calculations under sections 77C(3) and 77G(7)
  238. 77I Information
  239. 77J Meaning of “related to a licence” as respects tax, or profits or gains
  240. 77K Other definitions in Part 7A
  241. 78 Method of charging non-residents.
  242. 79 Profits from branch or agency.
  243. 80 Charge on percentage of turnover.
  244. 81 Taxation on basis of merchanting profit.
  245. 82 Savings.
  246. 83 Responsibilities and indemnification of persons in whose name a non-resident person is chargeable.
  247. 84 Gains from branch or agency.
  248. 85 Application of Part VIII to corporation tax.
  249. 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  250. 86 Interest on overdue income tax and capital gains tax.
  251. 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 87 Interest on overdue income tax deducted at source
  253. 87A Interest on overdue corporation tax etc.
  254. 88 Interest on tax recovered to make good loss due to taxpayer’s fault.
  255. 88A Determinations under section 88.
  256. 89 The prescribed rate of interest.
  257. 90 Interest on tax payable gross
  258. 91 Effect on interest of reliefs.
  259. 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  260. 92 Remission in certain cases of interest on tax in arrear by reason of exchange restrictions.
  261. 93 Failure to make return for income tax and capital gains tax.
  262. 93A Failure to make partnership return.
  263. 94 Failure to make return for corporation tax.
  264. 95 Incorrect return or accounts for income tax or capital gains tax.
  265. 95A Incorrect partnership return or accounts.
  266. 96 Incorrect return or accounts for corporation tax.
  267. 97 Incorrect return or accounts: supplemental.
  268. 97AA Failure to produce documents under section 19A.
  269. 97A Two or more tax-geared penalties in respect of the same tax.
  270. 98 Special returns, etc.
  271. 98A Special penalties in the case of certain returns.
  272. 98B UK Economic Interest Groupings and European Economic Interest Groupings.
  273. 98C Notification under Part 7 of Finance Act 2004
  274. 99 Assisting in preparation of incorrect return, etc.
  275. 99A Certificates of non-liability to income tax.
  276. 99B Declarations under Chapter 2 of Part 15 of ITA 2007
  277. 100 Determination of penalties by officer of the Board.
  278. 100A Provisions supplementary to section 100.
  279. 100B Appeals against penalty determinations.
  280. 100C Penalty proceedings before First-tier Tribunal .
  281. 100D Penalty proceedings before court.
  282. 101 Evidence for purposes of proceedings relating to penalties.
  283. 102 Mitigation of penalties.
  284. 103 Time limits for penalties.
  285. 103ZA Disapplication of sections 100 to 103 in the case of certain penalties
  286. 103A Interest on penalties.
  287. 104 Saving for criminal proceedings.
  288. 105 Admissibility of evidence not affected by offer of settlement etc.
  289. 106 Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.
  290. 106A Offence of fraudulent evasion of income tax
  291. 106B Offence of failing to give notice of being chargeable to tax
  292. 106C Offence of failing to deliver return
  293. 106D Offence of making inaccurate return
  294. 106E Exclusions from offences under sections 106B to 106D
  295. 106F Offences under sections 106B to 106D: supplementary provision
  296. 106G Penalties for offences under sections 106B to 106D
  297. 106H Regulations under sections 106E and 106F
  298. 107 Criminal liability for false statements made to obtain allowances.
  299. 107A Relevant trustees.
  300. 108 Responsibility of company officers.
  301. 109 Corporation tax on close company in connection with loans or benefits to participators etc.
  302. 109A Residence of companies
  303. 109B Provisions for securing payment by company of outstanding tax
  304. 109C Penalty for company's failure to comply with section 109B
  305. 109D Penalty for other persons if company fails to comply with section 109B
  306. 109E Liability of other persons for unpaid tax
  307. 109F Interpretation of sections 109B to 109E
  308. 110 Valuation of land: power of entry.
  309. 111 Valuation of assets: power to inspect.
  310. 112 Loss, destruction or damage to assessments, returns, etc.
  311. 113 Form of returns and other documents.
  312. 114 Want of form or errors not to invalidate assessments, etc.
  313. 115 Delivery and service of documents.
  314. 115A Electronic lodgement of tax returns, etc.
  315. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  316. 117 Action of ejectment in Northern Ireland.
  317. 118 Interpretation.
  318. 119 Commencement and construction.
  319. 120 Short title.
  320. SCHEDULE A1 Digital reporting and record-keeping
  321. SCHEDULE 1AA Orders for production of documents
  322. SCHEDULE 1AB Recovery of overpaid tax etc
  323. SCHEDULE 1A Claims etc. not included in returns
  324. SCHEDULE 1B Claims for relief involving two or more years
  325. SCHEDULE 3ZA Date by which payment to be made after amendment or correction of self-assessment
  326. SCHEDULE 3ZAA CGT exit charge payment plans
  327. SCHEDULE 3ZB CT exit charge payment plans
  328. SCHEDULE 3ZC CT Payment plans for tax on certain transactions with EEA residents
  329. SCHEDULE 3A Electronic lodgement of tax returns, etc.
  330. SCHEDULE 4 SAVINGS AND TRANSITORY PROVISIONS

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330 provisions

20A Power to call for papers of tax accountant.

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20B Restrictions on powers under section 20A.

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20BA Orders for the delivery of documents.

(1) The appropriate judicial authority may make an order under this section if satisfied on information on oath given by an authorised officer of the Board— (a) that there is reasonable ground for suspecting that an offence involving serious fraud in connection with, or in relation to, tax is being, has been or is about to be committed, and (b) that documents which may be required as evidence for the purposes of any proceedings in respect of such an offence are or may be in the power or possession of any person. (2) An order under this section is an order requiring the person who appears to the authority to have in his possession or power the documents specified or described in the order to deliver them to an officer of the Board within— (a) ten working days after the day on which notice of the order is served on him, or (b) such shorter or longer period as may be specified in the order. For this purpose a “working day” means any day other than a Saturday, Sunday or public holiday. (3) Where in Scotland the information mentioned in subsection (1) above relates to persons residing or having places of business at addresses situated in different sheriffdoms— (a) an application for an order may be made to the sheriff for the sheriffdom in which any of the addresses is situated, and (b) where the sheriff makes an order in respect of a person residing or having a place of business in his own sheriffdom, he may also make orders in respect of all or any of the other persons to whom the information relates (whether or not they have an address within the sheriffdom). (4) Schedule 1AA to this Act contains provisions supplementing this section.

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20BB Falsification etc. of documents.

(1) Subject to subsections (2) and (3) below, a person shall be guilty of an offence if he intentionally falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, a document which— (a) he has been required by ... an order under section 20BA above, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to deliver, or to deliver or make available for inspection. (2) A person does not commit an offence under subsection (1) above if he acts— (a) with the written permission of the tribunal ... or an officer of the Board, or (b) after the document has been delivered ... , ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A person does not commit an offence under subsection (1)(a) above if he acts after the end of the period of two years beginning with the date on which the order is made, unless before the end of that period an officer of Revenue and Customs has notified the person in writing that the order has not been complied with to the officer's satisfaction. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A person guilty of an offence under subsection (1) above shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

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20C Entry with warrant to obtain documents.

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20CC Procedure where documents etc. are removed.

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20D Interpretation of ss.20 to 20C.

(1) For the purposes of section 20BA above, “the appropriate judicial authority” is— (a) in England and Wales, a Circuit judge or a District Judge (Magistrates' Courts); (b) in Scotland, a sheriff; and (c) in Northern Ireland, a county court judge. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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21 Stock jobbers’ transactions.

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22 Additional particulars for surtax.

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23 Power to obtain copies of registers of securities.

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24 Power to obtain information as to income from securities.

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25 Issuing houses, stockbrokers, auctioneers, etc.

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26 Nominee shareholders.

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27 Settled property.

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28 Non-resident companies and trusts.

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28ZA Referral of questions during enquiry

(1) At any time when an enquiry is in progress under section 9A(1) or 12AC(1) of this Act in relation to any matter, any question arising in connection with the subject-matter of the enquiry may be referred to the tribunal for its determination. (2) Notice of referral must be given— (a) jointly by the taxpayer and an officer of the Board, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) to the tribunal. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) More than one notice of referral may be given under this section in relation to an enquiry. (5) For the purposes of this section the period during which an enquiry is in progress in relation to any matter is the whole of the period— (a) beginning with the day on which notice of enquiry is given, and (b) ending with the day on which a partial closure notice is issued in relation to the matter or, if no such notice is issued, a final closure notice is issued. (6) In this section “the taxpayer” means— (a) in relation to an enquiry under section 9A(1) of this Act, the person to whom the notice of enquiry was given; (b) in relation to an enquiry under section 12AC(1) of this Act, the person to whom the notice of enquiry was given or his successor.

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28ZB Withdrawal of notice of referral

(1) Either party may withdraw a notice of referral under section 28ZA of this Act ... . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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28ZC Regulations with respect to referrals

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28ZD Effect of referral on enquiry

(1) While proceedings on a referral under section 28ZA of this Act are in progress in relation to an enquiry— (a) no partial closure notice relating to the question referred shall be given, (aa) no final closure notice shall be given in relation to the enquiry, and (b) no application may be made for a direction to give a notice referred to in paragraph (a) or (aa). (2) For the purposes of this section proceedings on a referral are in progress where— (a) notice of referral has been given, (b) the notice has not been withdrawn, and (c) the questions referred have not been finally determined. (3) For the purposes of subsection (2)(c) above a question referred is finally determined when— (a) it has been determined by the tribunal, and (b) there is no further possibility of that determination being varied or set aside (disregarding any power to give permission to appeal out of time).

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28ZE Effect of determination

(1) The determination of a question referred to the tribunal under section 28ZA of this Act is binding on the parties to the referral in the same way, and to the same extent, as a decision on a preliminary issue in an appeal. (2) The determination shall be taken into account by an officer of the Board— (a) in reaching his conclusions on the enquiry, and (b) in formulating any amendments of the return required to give effect to those conclusions. (3) Any right of appeal under section 31(1)(a), (b) or (c) of this Act may not be exercised so as to reopen the question determined except to the extent (if any) that it could be reopened if it had been determined as a preliminary issue in that appeal.

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28A Completion of enquiry into personal or trustee return ...

(1) This section applies in relation to an enquiry under section 9A(1) ... of this Act. (1A) Any matter to which the enquiry relates is completed when an officer of Revenue and Customs informs the taxpayer by notice (a “partial closure notice”) that the officer has completed his enquiries into that matter. (1B) The enquiry is completed when an officer of Revenue and Customs informs the taxpayer by notice (a “final closure notice”) — (a) in a case where no partial closure notice has been given, that the officer has completed his enquiries, or (b) in a case where one or more partial closure notices have been given, that the officer has completed his remaining enquiries. (2) A partial or final closure notice must state the officer's conclusions and— (a) state that in the officer’s opinion no amendment of the return is required, or (b) make the amendments of the return required to give effect to his conclusions. (3) A partial or final closure notice takes effect when it is issued. (4) The taxpayer may apply to the tribunal for a direction requiring an officer of the Board to issue a partial or final closure notice within a specified period. (5) Any such application is to be subject to the relevant provisions of Part 5 of this Act (see, in particular, section 48(2)(b)). (6) The tribunal shall give the direction applied for unless ... satisfied that there are reasonable grounds for not issuing the partial or final closure notice within a specified period. (7) In this section “the taxpayer” means the person to whom notice of enquiry was given. (8) In the Taxes Acts, references to a closure notice under this section are to a partial or final closure notice under this section.

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28AA Amendment of return of profits made for wrong period.

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28AB Provisions supplementary to section 28AA.

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28B Completion of enquiry into partnership return

(1) This section applies in relation to an enquiry under section 12AC of this Act. (1A) Any matter to which the enquiry relates is completed when an officer of Revenue and Customs informs the taxpayer by notice (a “partial closure notice”) that the officer has completed his enquiries into that matter. (1B) The enquiry is completed when an officer of Revenue and Customs informs the taxpayer by notice (a “final closure notice”)— (a) in a case where no partial closure notice has been given, that the officer has completed his enquiries, or (b) in a case where one or more partial closure notices have been given, that the officer has completed his remaining enquiries. (2) A partial or final closure notice must state the officer's conclusions and— (a) state that in the officer’s opinion no amendment of the return is required, or (b) make the amendments of the return (including anything included in the return by virtue of section 12ABZB(7)(b) (amendment of partnership return following reference to tribunal)) required to give effect to his conclusions. (3) A partial or final closure notice takes effect when it is issued. (4) Where a partnership return is amended under subsection (2) above, the officer shall by notice to each of the partners amend— (a) the partner’s return under section 8 or 8A of this Act, or (b) the partner’s company tax return, so as to give effect to the amendments of the partnership return. (5) The taxpayer may apply to the tribunal for a direction requiring an officer of the Board to issue a partial or final closure notice within a specified period. (6) Any such application is to be subject to the relevant provisions of Part 5 of this Act (see, in particular, section 48(2)(b)). (7) The tribunal shall give the direction applied for unless ... satisfied that there are reasonable grounds for not issuing the partial or final closure notice within a specified period. (8) In this section “the taxpayer” means the person to whom notice of enquiry was given or his successor. (9) In the Taxes Acts, references to a closure notice under this section are to a partial or final closure notice under this section.

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28C Determination of tax where no return delivered.

(1) This section applies where— (a) a notice has been given to any person under section 8 or 8A of this Act (the relevant section), and (b) the required return is not delivered on or before the filing date. (1A) An officer of the Board may make a determination of the following amounts, to the best of his information and belief, namely— (a) the amounts in which the person who should have made the return is chargeable to income tax and capital gains tax for the year of assessment; and (b) the amount which is payable by him by way of income tax for that year; and subsection (1AA) of section 8 or, as the case may be, section 8A of this Act applies for the purposes of this subsection as it applies for the purposes of subsection (1) of that section. (2) Notice of any determination under this section shall be served on the person in respect of whom it is made and shall state the date on which it is issued. (3) Until such time (if any) as it is superseded by a self-assessment made under section 9 ... of this Act (whether by the taxpayer or an officer of the Board) on the basis of information contained in a return under the relevant section, a determination under this section shall have effect for the purposes of Parts VA, VI, IX and XI of this Act as if it were such a self-assessment. (4) Where— (a) proceedings have been commenced for the recovery of any tax charged by a determination under this section; and (b) before those proceedings are concluded, the determination is superseded by such a self-assessment as is mentioned in subsection (3) above, those proceedings may be continued as if they were proceedings for the recovery of so much of the tax charged by the self-assessment as is due and payable and has not been paid. (4A) Where— (a) action is being taken under Part 1 of Schedule 8 to the Finance (No. 2) Act 2015 (enforcement by deduction from accounts) for the recovery of an amount (“the original amount”) of tax charged by a determination under this section, and (b) before that action is concluded, the determination is superseded by such a self-assessment as is mentioned in subsection (3), that action may be continued as if it were action for the purposes of the recovery of so much of the tax charged by the self-assessment as is due and payable, has not been paid and does not exceed the original amount. (5) No determination under this section, and no self-assessment superseding such a determination, shall be made otherwise than— (a) before the end of the period of 3 years beginning with the filing date; or (b) in the case of such a self-assessment, before the end of the period of twelve months beginning with the date of the determination. (6) In this section “the filing date” in respect of a return for a year of assessment (Year 1) means either— (a) 31st January of Year 2, or (b) if the notice under section 8 or 8A was given after 31st October of Year 2, the last day of the period of three months beginning with the day on which the notice is given.

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28D Determination of corporation tax where no return delivered.

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28E Determination of corporation tax where notice complied with in part.

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28F Corporation tax determinations: supplementary.

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28G Determination of amount notionally chargeable where no NRCGT return delivered

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28H Simple assessments by HMRC: personal assessments

(1) HMRC may make a simple assessment for a year of assessment in respect of a person (other than a person to whom section 28I applies) if, when the assessment is made, the person is not excluded by subsection (2) in relation to that year. (2) Subsection (1) does not apply to a person at any time in relation to that year of assessment if— (a) the person has delivered a return under section 8 for that year, or (b) the person is at that time subject to a requirement to make and deliver such a return by virtue of a notice under section 8. but nothing in this subsection prevents HMRC from giving the person notice of a simple assessment at the same time as a notice withdrawing a notice under section 8. (3) A simple assessment is— (a) an assessment of the amounts in which the person is chargeable to income tax and capital gains tax for the year of assessment to which it relates, and (b) an assessment of the amount payable by the person by way of income tax for that year, that is to say, the difference between the amount in which the person is assessed to income tax under paragraph (a) and the aggregate amount of any income tax deducted at source; but nothing in this subsection enables an assessment to show as repayable any income tax which any provision of the Income Tax Acts provides is not repayable. (4) The amounts in which a person is chargeable to income tax and capital gains are net amounts, taking into account any relief or allowance that is applicable. (5) A simple assessment must be based on information relating to the person that is held by HMRC (whether or not supplied by the person to whom the assessment relates). (6) The notice of a simple assessment required to be sent to the person by section 30A(3) must (among other things)— (a) include particulars of the income and gains, and any relief or allowance, taken into account in the assessment, and (b) state any amount payable by the person by virtue of section 59BA (with particulars of how it may be paid and the date by which it is payable). (7) The tax to be assessed on a person by a simple assessment does not include any tax which— (a) is chargeable on the scheme administrator of a registered pension scheme under Part 4 of Finance Act 2004, (b) is chargeable on the sub-scheme administrator of a sub-scheme under Part 4 of the Finance Act 2004 as modified by the Registered Pension Schemes (Splitting of Schemes) Regulations 2006, or (c) is chargeable on the person who is (or persons who are) the responsible person in relation to an employer-financed retirement benefits scheme under section 394(2) of ITEPA 2003. (8) Nothing in this section prevents HMRC issuing more than one simple assessment to the same person in respect of the same year of assessment (whether or not any earlier simple assessment for that year is withdrawn). (9) In this section references to a simple assessment are to an assessment under this section.

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28I Simple assessments by HMRC: trustees

(1) HMRC may make a simple assessment for a year of assessment in respect of a settlement if, when the assessment is made, the relevant trustees of the settlement are not excluded by subsection (2) in relation to that year. (2) Subsection (1) does not apply at any time in relation to that year of assessment if— (a) a return under section 8A has been delivered for that year by the relevant trustees or any of them, or (b) there is at that time a subsisting requirement to make and deliver such a return by virtue of a notice under section 8A; but nothing in this subsection prevents HMRC from giving notice of a simple assessment at the same time as a notice withdrawing a notice under section 8A. (3) A simple assessment is— (a) an assessment of the amounts in which the relevant trustees are chargeable to income tax and capital gains tax for the year of assessment to which it relates, and (b) an assessment of the amount payable by them by way of income tax for that year, that is to say, the difference between the amount in which they are assessed to income tax under paragraph (a) and the aggregate amount of any income tax deducted at source; but nothing in this subsection enables an assessment to show as repayable any income tax which any provision of the Income Tax Acts provides is not repayable. (4) The amounts in which the relevant trustees are chargeable to income tax and capital gains are net amounts, taking into account any relief or allowance that is applicable. (5) A simple assessment must be based only on information relating to the settlement that is held by HMRC (whether or not supplied by the relevant trustees). (6) The notice of a simple assessment required by section 30A(3) may be given to any one or more of the relevant trustees. (7) That notice must (among other things)— (a) include particulars of the income and gains, and any relief or allowance, taken into account in the assessment, and (b) state any amount payable by the relevant trustees by virtue of section 59BA (with particulars of how it may be paid and the date by which it is payable). (8) The tax to be assessed by a simple assessment does not include any tax which— (a) is chargeable on the scheme administrator of a registered pension scheme under Part 4 of Finance Act 2004, (b) is chargeable on the sub-scheme administrator of a sub-scheme under Part 4 of the Finance Act 2004 as modified by the Registered Pension Schemes (Splitting of Schemes) Regulations 2006, or (c) is chargeable on the person who is (or persons who are) the responsible person in relation to an employer-financed retirement benefits scheme under section 394(2) of ITEPA 2003. (9) Nothing in this section prevents HMRC issuing more than one simple assessment in respect of the same settlement and the same year of assessment (whether or not any earlier simple assessment for that year is withdrawn). (10) In this section references to a “simple assessment” are to an assessment under this section. (11) In this Act references to the person to whom a simple assessment relates are, in relation to one made under this section, to the relevant trustees of the settlement to which it relates.

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28J Power to withdraw a simple assessment

(1) HMRC may withdraw a simple assessment by notice to the person to which it relates. (2) An assessment that has been withdrawn ceases to have effect (and is to be taken as never having had any effect).

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29 Assessment where loss of tax discovered.

(1) If an officer of the Board or the Board discover, as regards any person (the taxpayer) and a year of assessment— (a) that an amount of income tax or capital gains tax ought to have been assessed but has not been assessed, (b) that an assessment to tax is or has become insufficient, or (c) that any relief which has been given is or has become excessive, the officer or, as the case may be, the Board may, subject to subsections (2) and (3) below, make an assessment in the amount, or the further amount, which ought in his or their opinion to be charged in order to make good to the Crown the loss of tax. (2) Where— (a) the taxpayer has made and delivered a return under section 8 or 8A of this Act in respect of the relevant year of assessment, and (b) the situation mentioned in subsection (1) above is attributable to an error or mistake in the return as to the basis on which his liability ought to have been computed, the taxpayer shall not be assessed under that subsection in respect of the year of assessment there mentioned if the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when it was made. (3) Where the taxpayer has made and delivered a return under section 8 or 8A of this Act in respect of the relevant year of assessment, he shall not be assessed under subsection (1) above— (a) in respect of the year of assessment mentioned in that subsection; and (b) ... in the same capacity as that in which he made and delivered the return, unless one of the two conditions mentioned below is fulfilled. (4) The first condition is that the situation mentioned in subsection (1) above was brought about carelessly or deliberately by the taxpayer or a person acting on his behalf. (5) The second condition is that at the time when an officer of the Board— (a) ceased to be entitled to give notice of his intention to enquire into the taxpayer’s return under section 8 or 8A of this Act in respect of the relevant year of assessment; or (b) in a case where a notice of enquiry into the return was given— (i) issued a partial closure notice as regards a matter to which the situation mentioned in subsection (1) above relates, or (ii) if no such partial closure notice was issued, issued a final closure notice, the officer could not have been reasonably expected, on the basis of the information made available to him before that time, to be aware of the situation mentioned in subsection (1) above. (6) For the purposes of subsection (5) above, information is made available to an officer of the Board if— (a) it is contained in the taxpayer’s return under section 8 or 8A of this Act in respect of the relevant year of assessment (the return), or in any accounts, statements or documents accompanying the return; (b) it is contained in any claim made as regards the relevant year of assessment by the taxpayer acting in the same capacity as that in which he made the return, or in any accounts, statements or documents accompanying any such claim; (c) it is contained in any documents, accounts or particulars which, for the purposes of any enquiries into the return or any such claim by an officer of the Board, are produced or furnished by the taxpayer to the officer ... ; or (d) it is information the existence of which, and the relevance of which as regards the situation mentioned in subsection (1) above— (i) could reasonably be expected to be inferred by an officer of the Board from information falling within paragraphs (a) to (c) above; or (ii) are notified in writing by the taxpayer to an officer of the Board. (7) In subsection (6) above— (a) any reference to the taxpayer’s return under section 8 or 8A of this Act in respect of the relevant year of assessment includes— (i) a reference to any return of his under that section for either of the two immediately preceding chargeable periods; ... (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) where the return is under section 8 and the taxpayer carries on a trade, profession or business in partnership, a reference to any partnership return with respect to the partnership for the relevant year of assessment or either of those periods; and (b) any reference in paragraphs (b) to (d) to the taxpayer includes a reference to a person acting on his behalf. (7A) The requirement to fulfil one of the two conditions mentioned above does not apply so far as regards any income or chargeable gains of the taxpayer in relation to which the taxpayer has been given, after any enquiries have been completed into the taxpayer's return, a notice under section 81(2) of TIOPA 2010 (notice to counteract scheme or arrangement designed to increase double taxation relief). (8) An objection to the making of an assessment under this section on the ground that neither of the two conditions mentioned above is fulfilled shall not be made otherwise than on an appeal against the assessment. (9) Any reference in this section to the relevant year of assessment is a reference to— (a) in the case of the situation mentioned in paragraph (a) or (b) of subsection (1) above, the year of assessment mentioned in that subsection; and (b) in the case of the situation mentioned in paragraph (c) of that subsection, the year of assessment in respect of which the claim was made. 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29A Non-resident CGT disposals: determination of amount which should have been assessed

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30 Recovery of overpayment of tax, etc.

(1) Where an amount of income tax or capital gains tax has been repaid to any person which ought not to have been repaid to him, that amount of tax may be assessed and recovered as if it were unpaid tax. (1A) Subsection (1) above shall not apply where the amount of tax which has been repaid is assessable under section 29 of this Act. (1B) Subsections (2) to (8) of section 29 of this Act shall apply in relation to an assessment under subsection (1) above as they apply in relation to an assessment under subsection (1) of that section; and subsection (4) of that section as so applied shall have effect as if the reference to the loss of tax were a reference to the repayment of the amount of tax which ought not to have been repaid. (2) In any case where— (a) a repayment of tax has been increased in accordance with section 824 ... of the principal Act or section 283 of the 1992 Act (supplements added to repayments of tax, etc.) or section 102 of the Finance Act 2009 (repayment interest); and (b) the whole or any part of that repayment has been paid to any person but ought not to have been paid to him; and (c) that repayment ought not to have been increased either at all or to any extent; then the amount of the repayment assessed under subsection (1) above may include an amount equal to the amount by which the repayment ought not to have been increased. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In any case where— (a) a payment, other than a repayment of tax to which subsection (2) above applies, is increased in accordance with section 824 or 825 of the principal Act or section 283 of the 1992 Act; and (b) that payment ought not to have been increased either at all or to any extent; then an amount equal to the amount by which the payment ought not to have been increased may be assessed and recovered as if it were unpaid income tax ... . (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) An assessment under this section shall not be out of time under section 34 of this Act if it is made before the end of whichever of the following ends the later, namely— (a) the year of assessment following that in which the amount assessed was repaid or paid as the case may be, or (b) where a return delivered by the person concerned ... is enquired into by an officer of the Board, the period ending with the day on which, by virtue of section 28A(1B) of this Act, the enquiry is completed. (6) Subsection (5) above is without prejudice to section 36 of this Act. (7) In this section any reference to an amount repaid or paid includes a reference to an amount allowed by way of set-off.

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30A Assessing procedure.

(1) Except as otherwise provided, all assessments to tax which are not self-assessments shall be made by an officer of the Board. (2) All income tax which falls to be charged by an assessment which is not a self-assessment may, notwithstanding that it was chargeable under more than one Part or Chapter of ITEPA 2003 or ITTOIA 2005, be included in one assessment. (3) Notice of any such assessment shall be served on the person assessed and shall state the date on which it is issued and the time within which any appeal against the assessment may be made. (4) After the notice of any such assessment has been served on the person assessed, the assessment shall not be altered except in accordance with the express provisions of the Taxes Acts. (5) Assessments to tax which under any provision in the Taxes Acts are to be made by the Board shall be made in accordance with this section.

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30AA Assessing income tax on trustees and personal representatives

(1) Income tax charged on income arising to trustees of a settlement may be assessed and charged on, and in the name of, any one or more of the assessable trustees. (2) Income tax charged on income arising to the personal representatives of a deceased person may be assessed and charged on, and in the name of, any one or more of the assessable representatives. (3) In subsection (1) “the assessable trustees” means— (a) the trustees of the settlement in the tax year in which the income arises, and (b) any subsequent trustees of the settlement. (4) In subsection (2) “the assessable representatives” means— (a) the persons who, in the tax year in which the income arises, are personal representatives of the deceased person, and (b) any subsequent personal representatives of the deceased person.

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30B Amendment of partnership statement where loss of tax discovered.

(1) Where an officer of the Board or the Board discover, as regards a partnership statement made by any person (the representative partner) in respect of any period— (a) that any profits which ought to have been included in the statement have not been so included, or (b) that an amount of profits so included is or has become insufficient, or (c) that any relief or allowance claimed by the representative partner is or has become excessive, the officer or, as the case may be, the Board may, subject to subsections (3) and (4) below, by notice to that partner so amend the partnership return (including anything included in the return by virtue of section 12ABZB(7)(b) (amendment of partnership return following reference to tribunal)) as to make good the omission or deficiency or eliminate the excess. (2) Where a partnership return is amended under subsection (1) above, the officer shall by notice to each of the relevant partners amend— (a) the partner’s return under section 8 or 8A of this Act, or (b) the partner’s company tax return, so as to give effect to the amendments of the partnership return. (3) Where the situation mentioned in subsection (1) above is attributable to an error or mistake as to the basis on which the partnership statement ouade, no amendment shall be made under that subsection if that statement was in fact made on the basis or in accordance with the practice generally prevailing at the time when it was made. (4) No amendment shall be made under subsection (1) above unless one of the two conditions mentioned below is fulfilled. (5) The first condition is that the situation mentioned in subsection (1) above was brought about carelessly or deliberately by— (a) the representative partner or a person acting on his behalf, or (b) a relevant partner or a person acting on behalf of such a partner. (6) The second condition is that at the time when an officer of the Board— (a) ceased to be entitled to give notice of his intention to enquire into the representative partner’s partnership return; or (b) in a case where a notice of enquiry into that return was given— (i) issued a partial closure notice as regards a matter to which the situation mentioned in subsection (1) above relates, or (ii) if no such partial closure notice was issued, issued a final closure notice, the officer could not have been reasonably expected, on the basis of the information made available to him before that time, to be aware of the situation mentioned in subsection (1) above. (7) Subsections (6) and (7) of section 29 of this Act apply for the purposes of subsection (6) above as they apply for the purposes of subsection (5) of that section; and those subsections as so applied shall have effect as if— (a) any reference to the taxpayer were a reference to the representative partner; (b) any reference to the taxpayer’s return under section 8 or 8A were a reference to the representative partner’s partnership return; and (c) sub-paragraph (ii) of paragraph (a) of subsection (7) were omitted. (8) An objection to the making of an amendment under subsection (1) above on the ground that neither of the two conditions mentioned above is fulfilled shall not be made otherwise than on an appeal against the amendment. (9) In this section— “profits”— in relation to income tax, means income, in relation to capital gains tax, means chargeable gains, and in relation to corporation tax, means profits as computed for the purposes of that tax; “relevant partner” means a person who was a partner at any time during the period in respect of which the partnership statement was made. (10) Any reference in this section to the representative partner includes, unless the context otherwise requires, a reference to any successor of his.

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30C Transfer pricing records: carelessness for the purposes of section 29

(1) This section applies where— (a) the situation mentioned in section 29(1) has been brought about by a relevant trustee, or a person acting on their behalf, as regards a relevant year of assessment, (b) the situation relates to the calculation of profits or losses in accordance with Part 4 of TIOPA 2010 (transfer pricing) for the purposes of that year, and (c) the relevant person has failed to comply, in relation to specified relevant transfer pricing records that relate to the calculation, with either or both of— (i) section 12B (records to be kept for the purposes of returns), and (ii) an information notice (within the meaning of Schedule 36 to the Finance Act 2008 (information and inspection powers)). (2) It is to be presumed for the purposes of section 29 that the situation mentioned in section 29(1) was brought about carelessly by the relevant trustee, or the person acting on their behalf, unless— (a) the situation was brought about deliberately by the relevant trustee, or the person acting on their behalf, or (b) the relevant trustee satisfies HMRC or (on an appeal notified to the tribunal) the tribunal that they, or the person acting on their behalf, took reasonable care to avoid the situation. (3) For the purposes of this paragraph— (a) “relevant person” means a person who was required by a notice under section 8A to make and deliver the return in respect of the relevant year of assessment; (b) “relevant year of assessment” means a year of assessment in respect of which— (i) the trustees of the trust concerned, together with one or more other enterprises, constitutes an MNE Group within the meaning of the Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) Regulations 2016 (S.I. 2016/237) (see regulation 2(3) of those Regulations), and (ii) the MNE Group meets the threshold requirement within the meaning of those Regulations (see regulations 3(2) to (4) of those Regulations); (c) records are “specified relevant transfer pricing records” if— (i) they are relevant transfer pricing records specified, or of a description specified, in regulations under section 12B, and (ii) the relevant person is required to keep and preserve those records under that section.

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30D Transfer pricing records: carelessness for the purposes of section 30B

(1) This section applies where— (a) the situation mentioned in section 30B(1) has been brought about by a person within section 30B(5) (“P”) as regards a partnership statement in respect of a relevant period, (b) the situation relates to the calculation of profits or losses in accordance with Part 4 of TIOPA 2010 (transfer pricing) for the purposes of that period, and (c) the relevant person (whether or not P) has failed to comply, in relation to specified relevant transfer pricing records that relate to the calculation, with either or both of— (i) section 12B (records to be kept for the purposes of returns), and (ii) an information notice (within the meaning of Schedule 36 to the Finance Act 2008 (information and inspection powers)). (2) It is to be presumed for the purposes of section 30B that the situation mentioned in section 30B(1) was brought about carelessly by P, unless— (a) the situation was brought about deliberately by P, or (b) the relevant person satisfies HMRC or (on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid the situation. (3) For the purposes of this paragraph— (a) “relevant period” means a period in respect of which— (i) the partnership to which the partnership statement relates, together with one or more other enterprises, constitutes an MNE Group within the meaning of the Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) Regulations 2016 (S.I. 2016/237) (see regulation 2(3) of those Regulations), and (ii) the MNE Group meets the threshold requirement within the meaning of those Regulations (see regulations 3(2) to (4) of those Regulations); (b) “relevant person” means a person who was required by a notice under section 12AA to make and deliver the return in respect of the relevant period; (c) records are “specified relevant transfer pricing records” if— (i) they are relevant transfer pricing records specified, or of a description specified, in regulations under section 12B, and (ii) the relevant person is required to keep and preserve those records under that section.

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