Taxes Management Act 1970

59C Surcharges on unpaid income tax and capital gains tax.

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59D General rule as to when corporation tax is due and payable.

(1) Corporation tax for an accounting period is due and payable on the day following the expiry of nine months from the end of that period. (2) If the tax payable is then exceeded by the total of any relevant amounts previously paid (as stated in the relevant company tax return), the excess shall be repaid. (3) The tax payable means the amount computed in accordance with the first to fourth steps of paragraph 8 of Schedule 18 to the Finance Act 1998. (4) Relevant amounts previously paid means any of the following, so far as relating to the accounting period in question— (a) any amount of corporation tax paid by the company and not repaid; (b) any corporation tax refund surrendered to the company by another group company; (c) any amount by which the sums available for set off under Step 4 of the calculation in paragraph 8 of Schedule 18 to the Finance Act 1998 (amounts set off against overall tax liability) exceeds the amount against which they may be set off under that provision; (d) any amount treated as corporation tax paid in respect of profits of the company by virtue of regulations under section 62 of the Finance Act 2004 (deductions from payments to sub-contractors). (5) This section has effect subject to section 59E and section 357YQ of CTA 2010 (assessment of tax chargeable on restitution interest).

59DA Claim for repayment in advance of liability being established.

(1) This section applies where a company has paid an amount of corporation tax for an accounting period and the circumstances of the company change, so that the company has grounds for believing that the amount paid exceeds its probable tax liability although that liability has not been finally established. (2) The company may, by notice given to an officer of the Board, claim repayment of the excess. No such claim may be made before the date which under section 826 of the principal Act (interest on overpaid tax), subject to regulations under section 826A of that Act, is the material date in relation to that tax. (3) The notice must state— (a) the amount which the company considers should be repaid, and (b) its grounds for believing that the amount paid exceeds its probable tax liability. (4) If the company has appealed against an amendment of an assessment, or an assessment, relating to the tax liability in question, and the appeal has not been finally determined, it may apply to the tribunal for a determination of the amount which should be repaid to the company pending determination of the liability. (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) If the company makes an application under section 55(3) or (4) (application to postpone payment pending determination of appeal), that application may be combined with an application under subsection (4) above. (7) If a company makes a claim or application under this section before it has delivered a company tax return for the period in question, any deductions under section 61 of the Finance Act 2004 (deductions from payments to certain subcontractors) shall be disregarded in considering whether the amount paid by the company exceeds its probable tax liability. (8) This section has effect subject to section 59E.

59E Further provision as to when corporation tax is due and payable.

(1) The Treasury may by regulations make provision, in relation to companies of such descriptions as may be prescribed, for or in connection with treating amounts of corporation tax for an accounting period as becoming due and payable on dates which fall on or before the date on which corporation tax for that period would become due and payable apart from this section. (2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision— (a) for or in connection with the determination of amounts of corporation tax which are treated as becoming due and payable under the regulations; (b) for or in connection with the determination of the dates on which amounts of corporation tax are treated as becoming due and payable under the regulations; (c) for or in connection with the making of payments to the Board in respect of amounts of corporation tax which are treated as becoming due and payable under the regulations; (d) for or in connection with the determination of the amount of any such payments as are mentioned in paragraph (c) above; (e) for or in connection with the determination of the dates on which any such payments as are mentioned in paragraph (c) above become due and payable; (f) for or in connection with any assumptions which are to be made for any purposes of the regulations; (g) for or in connection with the payment to the Board of interest on amounts of corporation tax which are treated as becoming due and payable under the regulations; (h) for or in connection with the repayment of amounts paid under the regulations; (i) for or in connection with the payment of interest by the Board on amounts paid or repaid under the regulations; (j) with respect to the furnishing of information to the Board; (k) with respect to the keeping, production or inspection of any books, documents or other records; (l) for or in connection with the imposition of such requirements as the Treasury think necessary or expedient for any purposes of the regulations; (m) for or in connection with appeals in relation to questions arising under the regulations. (3) Regulations under this section may make provision— (a) for amounts of corporation tax for an accounting period to be treated as becoming due and payable on dates which fall within the accounting period; (b) for payments in respect of any such amounts of corporation tax for an accounting period as are mentioned in paragraph (a) above to become due and payable on dates which fall within the accounting period. (4) Where interest is charged by virtue of regulations under this section on any amounts of corporation tax for an accounting period which are treated as becoming due and payable under the regulations, the company shall, in such circumstances as may be prescribed, be liable to a penalty not exceeding twice the amount of that interest. (5) Regulations under this section— (a) may make such modifications of any provisions of the Taxes Acts, or (b) may apply such provisions of the Taxes Acts, as the Treasury think necessary or expedient for or in connection with giving effect to the provisions of this section. (6) Regulations under this section which apply any provisions of the Taxes Acts may apply those provisions either without modifications or with such modifications as the Treasury think necessary or expedient for or in connection with giving effect to the provisions of this section. (7) Regulations under this section— (a) may make different provision for different purposes, cases or circumstances; (b) may make different provision in relation to companies or accounting periods of different descriptions; (c) may make such supplementary, incidental, consequential or transitional provision as appears to the Treasury to be necessary or expedient. (8) Subject to subsection (9) below, regulations under this section may make provision in relation to accounting periods beginning before (as well as accounting periods beginning on or after) the date on which the regulations are made. (9) Regulations under this section may not make provision in relation to accounting periods ending before the day appointed under section 199 of the Finance Act 1994 for the purposes of Chapter III of Part IV of that Act (corporation tax self-assessment). (10) In this section— “modifications” includes amendments, additions and omissions; “prescribed” means prescribed by regulations made under this section. (11) Any reference in this section to corporation tax includes a reference— (a) to any amount due from a company under section 455 or 464A of CTA 2010 (charge to tax in case of loan or benefit to participator) as if it were an amount of corporation tax chargeable on the company; (b) to any sum charged on a company at step 5 in section 371BC(1) of TIOPA 2010 (controlled foreign companies) as if it were an amount of corporation tax; (ba) to any sum chargeable on a company under section 269DA of CTA 2010 (surcharge on banking companies) as if it were an amount of corporation tax chargeable on the company; (c) to any sum chargeable on a company under section 330(1) of CTA 2010 (supplementary charge in respect of ring fence trades) as if it were an amount of corporation tax chargeable on the company; (d) to the bank levy where treated as an amount of corporation tax chargeable on a company by paragraph 50 or 51 of Schedule 19 to the Finance Act 2011 (the bank levy); (e) to any sum chargeable on a company under section 33 of FA 2022 (residential property developer tax) as if it were an amount of corporation tax chargeable on the company; (f) to any sum chargeable on a company under section 1 of the Energy (Oil and Gas) Profits Levy Act 2022 as if it were an amount of corporation tax chargeable on the company. (12) Without prejudice to the generality of any provision above— (a) in relation to cases where the bank levy is treated as an amount of corporation tax chargeable on a company, regulations under this section may make provision— (i) for amounts of the bank levy to be treated as becoming due and payable on dates which fall within the chargeable period (within the meaning of Schedule 19 to the Finance Act 2011); (ii) for payments in respect of any such amounts of the bank levy as are mentioned in sub-paragraph (i) to become due and payable on dates which fall within that period; (b) in relation to cases where a company on which the bank levy is treated as an amount of corporation tax chargeable for an accounting period has made payments in respect of corporation tax for that period, regulations under this section may make provision for or in connection with determining the extent to which those payments are to be treated as being payments of the bank levy; (c) in relation to cases where a company (“ the relevant company ”) has made payments in respect of corporation tax for an accounting period wholly or partly on the assumption that the bank levy will be treated as an amount of corporation tax chargeable on the relevant company for that period, regulations under this section may make provision for or in connection with treating those payments (wholly or partly) to have been made by another company if it turns out that the bank levy is not to be treated as an amount of corporation tax chargeable on the relevant company for that period; (d) where regulations under this section impose a requirement within subsection (2)(j) above to furnish information for purposes related to the bank levy, the regulations may make provision for or in connection with applying Part 7 of Schedule 36 to the Finance Act 2008 in whole or in part (with or without modification) as if the requirement to furnish the information were contained in an information notice within the meaning of that Schedule.

59F Arrangements for paying tax on behalf of group members

(1) An officer of Revenue and Customs may enter into arrangements for the specified purpose with some or all of the members of a group. (2) For the purposes of subsection (1), arrangements entered into with some or all of the members of a group are for “the specified purpose” if they are arrangements for one of those members to discharge any liability of each of those members to pay corporation tax for the accounting periods to which the arrangements relate. (3) For the purposes of this section, a company and all its 51% subsidiaries form a group and, if any of those subsidiaries has 51% subsidiaries, the group includes them and their 51% subsidiaries, and so on. (4) Arrangements entered into under subsection (1)— (a) may make provision in relation to cases where companies become or cease to be members of a group, (b) may make provision in relation to the discharge of liability to pay interest or penalties, (c) may make provision in relation to the discharge of liability to pay any amount within subsection (6), (d) may make provision for or in connection with the termination of the arrangements, and (e) may make such supplementary, incidental, consequential or transitional provision as is necessary for the purposes of the arrangements. (5) Arrangements entered into under subsection (1)— (a) do not affect the liability to corporation tax, or to pay corporation tax, of any company to which the arrangements relate, and (b) do not affect any other liability under the Tax Acts of any company to which the arrangements relate. (6) The following amounts are within this subsection— (a) an amount due from a company under section 455 or 464A of CTA 2010 (charge to tax in case of loan or benefit to participator in close company) as if it were an amount of corporation tax chargeable on the company, and (b) a sum charged on a company at step 5 in section 371BC(1) of TIOPA 2010 (controlled foreign companies) as if it were an amount of corporation tax, ... (c) the bank levy where treated as an amount of corporation tax chargeable on a company by paragraph 50 or 51 of Schedule 19 to the Finance Act 2011 (the bank levy), ... (d) to any sum chargeable on a company under section 33 of FA 2022 (residential property developer tax) as if it were an amount of corporation tax chargeable on the company, and (e) to any sum chargeable on a company under section 1 of the Energy (Oil and Gas) Profits Levy Act 2022 as if it were an amount of corporation tax chargeable on the company.

59FA CT exit charge payment plans

(1) Schedule 3ZB contains provisions about CT exit charge payment plans in accordance with which companies may defer payment of certain corporation tax. (2) Parts 1 and 2 of the Schedule each make provision about the circumstances in which a CT exit charge payment plan may be entered into, and about determining the amount of corporation tax that may be deferred— (a) see Part 1 in relation to a company which ceases to be resident in the United Kingdom, and (b) see Part 2 in relation to a company which is not resident in the United Kingdom but which carries on, or has carried on, a trade in the United Kingdom through a permanent establishment there. (3) Part 3 of the Schedule contains provision about— (a) entering into a CT exit charge payment plan, (b) the effect of such a plan, (c) the content of such a plan, and (d) the methods in accordance with which tax deferred under such a plan may be paid.

59FB CT payment plans for tax on certain transactions with EEA residents

Schedule 3ZC makes provision enabling a company that is liable to pay corporation tax arising in connection with certain transactions to defer payment of the tax by entering into a CT payment plan.

59G Managed payment plans

(1) This section applies if a person (“P”) has entered into a managed payment plan in respect of— (a) an amount on account of income tax which is to become payable in accordance with section 59A(2), (b) an amount of income tax or capital gains tax which is to become payable in accordance with section 59B, or (c) an amount of corporation tax which is to become payable in accordance with section 59D. (2) P enters into a managed payment plan in respect of an amount if— (a) P agrees to pay, and an officer of Revenue and Customs agrees to accept payment of, the amount by way of instalments, (b) the instalments to be paid before the due date are balanced by the instalments to be paid after it (see section 59H), and (c) the agreement meets such other requirements as may be specified in regulations made by the Commissioners for Her Majesty's Revenue and Customs. (3) But this section does not apply, in the case of an amount of corporation tax, if an arrangement under section 59F has been made in relation to the amount. (4) If P pays all of the instalments in accordance with the plan, P is to be treated as having paid, on the due date, the total of those instalments. (5) If P— (a) pays one or more instalments in accordance with the plan, but (b) fails to pay one or more later instalments in accordance with it, P is to be treated as having paid, on the due date, the total of the instalments paid before the failure (but this is subject to subsection (6)). (6) If— (a) subsection (5) applies in a case in which the first failure to pay an instalment occurs before the due date, and (b) P would (in the absence of a managed payment plan) be entitled to be paid interest on any amount paid before that date, then, despite that subsection, P is entitled to be paid that interest. (7) If— (a) subsection (5) applies, (b) P makes one or more payments after the due date (whether or not in accordance with the plan), and (c) an officer of Revenue and Customs gives P a notice specifying any or all of those payments, P is not liable to a penalty or surcharge for failing to pay the amount of the specified payments on or before the due date. (8) Regulations under this section may make different provision for different cases. (9) In this section “the due date”, in relation to an amount mentioned in subsection (1), means the date on which it becomes payable.

59H Balancing of instalments for the purposes of section 59G

(1) Subsection (2) applies for the purposes of section 59G(2)(b). (2) The instalments to be paid before the due date are balanced by those to be paid after it if the time value of the instalments to be paid before that date is equal, or approximately equal, to the time value of the instalments to be paid after it. (3) The time value of the instalments to be paid before the due date is the total of the time value of each of the instalments to be paid before that date (and the time value of the instalments to be paid after that date is to be read accordingly). (4) The time value of an instalment is— A×T where— A is the amount of the instalment, and T is the number of days before, or after, the due date that the instalment is to be paid. (5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for the purpose of determining when an amount is approximately equal to another amount. (6) Regulations under this section may make different provision for different cases.

60 Issue of demand notes and receipts.

(1) Every collector shall, when the tax becomes due and payable, make demand of the respective sums given to him in charge to collect, from the persons charged therewith, or at the places of their last abode, or on the premises in respect of which the tax is charged, as the case may require. (2) On payment of the tax, the collector shall if so requested give a receipt.

61 Distraint by collectors.

(1) If a person neglects or refuses to pay the sum charged, upon demand made by the collector, the collector may distrain upon the goods and chattels of the person charged (in this section referred to as “the person in default”. (2) For the purpose of levying any such distress, a justice of the peace, on being satisfied by information on oath that there is reasonable ground for believing that a person is neglecting or refusing to pay a sum charged, may issue a warrant in writing authorising a collector to break open, in the daytime, any house or premises, calling to his assistance any constable. Every such constable shall, when so required, aid and assist the collector in the execution of the warrant and in levying the distress in the house or premises. (3) A levy or warrant to break open shall be executed by, or under the direction of, and in the presence of, the collector. (4) A distress levied by the collector shall be kept for five days, at the costs and charges of a person in default. (5) If the person in default does not pay the sum due, together with the costs and charges . . . , the distress shall be appraised by one or more independent persons appointed by the collector, and shall be sold by public auction by the collector for payment of the sum due and all costs and charges. . . . Any overplus coming by the distress, after the deduction of the costs and charges and of the sum due, shall be restored to the owner of the goods distrained. (6) The Treasury may by regulations make provision with respect to— (a) the fees chargeable on or in connection with the levying of distress, and (b) the costs and charges recoverable where distress has been levied; and any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons. (7) This section extends only to Northern Ireland.

62 Priority of claim for tax.

(1) If at any time at which any goods or chattels belonging to any person (in this section referred to as “the person in default”) are liable to be taken by virtue of any execution or other process, warrant, or authority whatever, or by virtue of any assignment, on any account or pretence whatever, except at the suit of the landlord for rent, the person in default is in arrears in respect of any such claims as are referred to in subsection (1A) below, the goods or chattels may not be so taken unless on demand made by the collector the person at whose suit the execution or seizure is made, or to whom the assignment was made, pays or causes to be paid to the collector, before the sale or removal of the goods or chattels, all such sums as have fallen due at or before the date of seizure. (1A) The sums referred to in subsection (1) above are— (a) sums due from the person in default on account of deductions of income tax from taxable earnings (as defined by section 10 of ITEPA 2003) paid during the period of twelve months next before the date of seizure, being deductions which the person in default was liable to make under PAYE regulations less the amount of the repayments of income tax which he was liable to make during that period; and (b) sums due from the person in default in respect of deductions required to be made by him for that period under section 61 of the Finance Act 2004 (sub-contractors in the construction industry). (2) If the sums referred to in subsection (1) above are not paid within ten days of the date of the demand referred to in that subsection, the collector may distrain the goods and chattels notwithstanding the seizure or assignment, and may proceed to the sale thereof, as prescribed by this Act, for the purpose of obtaining payment of the whole of those sums, and the reasonable costs and charges attending such distress and sale, and every collector so doing shall be indemnified by virtue of this Act. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) This section does not extend to England and Wales.

63 Recovery of tax in Scotland

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63A Sheriff officer’s fees and outlays.

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64 Priority of claim for tax in Scotland.

(1) If at any time at which any movable goods and effects belonging to any person (in this section referred to as “the person in default”) are liable to be taken by virtue of any ... diligence whatever, or by any assignation, the person in default is in arrears in respect of any such sums as are referred to in subsection (1A) below, the goods and effects may not be so taken unless on demand made by the collector the person proceeding to take the said goods and effects pays such sums as have fallen due at or before the date of poinding or, as the case may be, other diligence or assignation. (1A) The sums referred to in subsection (1) above are— (a) sums due from the person in default on account of deductions of income tax from taxable earnings (as defined by section 10 of ITEPA 2003) paid during the period of twelve months next before the date of poinding, being deductions which the person in default was liable to make under PAYE regulations less the amount of the repayments of income tax which he was liable to make during that period; and (b) sums due from the person in default in respect of deductions required to be made by him for that period under section 61 of the Finance Act 2004 (sub-contractors in the construction industry). (2) If the sums referred to in subsection (1) above are not paid within ten days of the date of the demand referred to in that subsection, the sums shall, notwithstanding any proceedings for the purpose of taking the said moveable goods and effects, be recoverable by poinding and selling the said moveable goods and effects under warrant obtained in conformity with the provisions contained in section 63 above. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Magistrates’ courts.

(1) Any amount due and payable by way of income tax, capital gains tax or corporation tax which does not exceed £2,000 shall, without prejudice to any other remedy, be recoverable summarily as a civil debt by proceedings commenced in the name of a collector. (2) All or any of the sums due in respect of tax from any one person and payable to any one collector (being sums which are by law recoverable summarily) may, whether or not they are due under one assessment, be included in the same complaint, summons, order, warrant or other document required by law to be laid before justices or to be issued by justices, and every such document as aforesaid shall, as respects each such sum, be construed as a separate document and its invalidity as respects any one such sum shall not affect its validity as respects any other such sum. (3) Proceedings under this section ... may be brought in England and Wales at any time within one year from the time when the matter complained of arose. (4) It is hereby declared that in subsection (1) above the expression “recoverable summarily as a civil debt” in respect of proceedings in Northern Ireland means recoverable in proceedings under Article 62 of the Magistrates’ Courts (Northern Ireland) Order 1981. (5) The Treasury may by order made by statutory instrument increase the sum specified in sub-section (1) above; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

66 County courts.

(1) Tax due and payable ... may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, without prejudice to any other remedy, be sued for and recovered from the person charged therewith as a debt due to the Crown by proceedings in England and Wales in the county court or in Northern Ireland in a county court ... . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section as it applies in Northern Ireland the expression “county court” shall mean a county court held for a division under the County Courts (Northern Ireland) Order 1980. (4) Sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this section, and Part III of the County Courts (Northern Ireland) Order 1980 (general civil jurisdiction) shall apply for the purposes of this section in Northern Ireland.

67 Inferior courts in Scotland.

(1) In Scotland, tax due and payable ... may, without prejudice to any other remedy, be sued for and recovered from the person charged therewith as a debt due to the Crown by proceedings commenced in the name of a collector in the sheriff court ... . (1A) An officer of the Board who is authorised by the Board to do so may address the court in any proceedings under this section. (2) Sections 65 and 66 above shall not apply in Scotland.

68 High Court, etc.

(1) Any tax may be sued for and recovered from the person charged therewith in the High Court as a debt due to the Crown, or by any other means whereby any debt of record or otherwise due to the Crown can, or may at any time, be sued for and recovered, as well as by the other means specially provided by this Act for levying the tax. (2) All matters within the jurisdiction of the High Court under this section shall be assigned in Scotland to the Court of Session sitting as the Court of Exchequer .

69 Recovery of penalty ... or interest

(1) This section applies to— (a) penalties imposed under Part 2, 5A or 10 of this Act or Schedule 18 to the Finance Act 1998; (aa) penalties imposed under Schedule 26 to the Finance Act 2021; (b) penalties imposed under any paragraph of Schedule 56 to the Finance Act 2009 in respect of an amount falling within any of the following items of the Table in paragraph 1 of that Schedule— (i) item 1, 12, 18 or 19, or (ii) insofar as the tax falls within item 1, item 17, 23 or 24; (c) interest charged under any provision of this Act (or recoverable as if it were interest so charged); and (d) interest charged under section 101 of the Finance Act 2009. (2) An amount by way of penalty ... or interest to which this section applies shall be treated for the purposes of the following provisions as if it were an amount of tax. (3) Those provisions are— (a) sections 61, 63 and 65 to 68 of this Act; (b) section 35(2)(g)(i) of the Crown Proceedings Act 1947 (rules of court: restriction of set-off or counterclaim where proceedings, or set-off or counterclaim, relate to tax) and any rules of court imposing any such restriction; (c) section 35(2)(b) of that Act as set out in section 50 of that Act (which imposes corresponding restrictions in Scotland).

70 Evidence.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A certificate of the inspector or any other officer of the Board that it has been determined that tax carries interest under section 88 of this Act, together with a certificate of the collector that payment of the interest has not been made to him, or, to the best of his knowledge and belief, to any other collector, or to any person acting on his behalf or on behalf of another collector, shall be sufficient evidence— (a) that interest is chargeable on the tax from the date when for the purposes of section 88 of this Act the tax ought to have been paid, and (b) that the sum mentioned in the certificate is unpaid and is due to the Crown; and any document purporting to be such a certificate as is mentioned in this subsection shall be deemed to be such a certificate unless the contrary is proved. (4) A written statement as to the wages, salaries, fees, and other earnings or amounts treated as earnings paid for any period to the person against whom proceedings are brought under section 65, 66 or 67 of this Act, purporting to be signed by his employer for that period or by any responsible person in the employment of the employer, shall in such proceedings be prima facie evidence that the wages, salaries, fees and other earnings or amounts treated as earnings therein stated to have been paid to the person charged have in fact been so paid. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In subsection (4) “earnings or amounts treated as earnings” means earnings or amounts treated as earnings which constitute employment income (see section 7(2)(a) or (b) of ITEPA 2003).

70A Payments by cheque.

(1) For the purposes of this Act and the provisions mentioned in subsection (2) below, where— (a) any payment to an officer of the Board or the Board is made by cheque, and (b) the cheque is paid on its first presentation to the banker on whom it is drawn, the payment shall be treated as made on the day on which the cheque was received by the officer or the Board. (2) The provisions are— (a) sections 824 to 826 of the principal Act (repayment supplements and interest on tax overpaid); ... (b) section 283 of the 1992 Act (repayment supplements); and (c) section 102 of the Finance Act 2009 (repayment interest). (3) This section is subject to regulations under section 95(1) of the Finance Act 2007 (payment by cheque).

71 Bodies of persons.

(1) ... every body of persons shall be chargeable to income tax in like manner as any person is chargeable under the Income Tax Acts. (2) Subject to section 108 of this Act, the chamberlain or other officer acting as treasurer, auditor or receiver for the time being of any body of persons chargeable to income tax shall be answerable for doing all such acts as are required to be done under the Income Tax Acts for the purpose of the assessment of the body and for payment of the tax. (3) Every such officer as aforesaid may from time to time retain, out of any money coming into his hands on behalf of the body, so much thereof as is sufficient to pay the income tax charged upon the body, and shall be indemnified for all such payments made in pursuance of the Income Tax Acts .

72 Trustees, guardians, etc., of incapacitated persons.

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73 Further provision as to infants.

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74 Personal representatives.

(1) If a person chargeable to income tax dies, the executor or administrator of the person deceased shall be liable for the tax chargeable on such deceased person, and may deduct any payments made under this section out of the assets and effects of the person deceased . (2) On neglect or refusal of payment, any person liable under this section may be proceeded against in like manner as any other defaulter .

75 Receivers appointed by a court.

(1) A receiver appointed by any court in the United Kingdom which has the direction and control of any property in respect of which income tax is charged in accordance with the provisions of the Income Tax Acts shall be assessable and chargeable with the tax in like manner and to the like amount as would be assessed and charged if the property were not under the direction and control of the court. (2) Every such receiver shall be answerable for doing all matters and things required to be done under the Income Tax Acts for the purpose of assessment and payment of income tax .

76 Protection for certain trustees, agents and receivers.

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77 Application of Part VII to capital gains tax.

(1) This Part of this Act (except section 76 above) shall apply in relation to capital gains tax as it applies in relation to income tax . . . , and subject to any necessary modifications. (2) This Part of this Act as applied by this section shall not affect the question of who is the person to whom chargeable gains accrue, or who is chargeable to capital gains tax, so far as that question is relevant for the purposes of any exemption, or of any provision determining the rate at which capital gains tax is chargeable.

77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77B Pre-conditions for serving secondary-liability notice

(1) Conditions A to E are the pre-conditions for the purposes of section 77C. (2) Condition A is that tax is assessed on a person not resident in the United Kingdom. (3) Condition B is that the tax is assessed in reliance on— (a) section 276 of the 1992 Act, (b) section 874 of ITTOIA 2005, or (c) section 1313 of CTA 2009. (4) Condition C is that the tax assessed is not tax under ITEPA 2003. (5) Condition D is that— (a) there is a licence to which the tax assessed is related (see section 77J for the meaning of tax related to a licence), (b) there is more than one licence to which the tax assessed is related, or (c) there is a licence, or more than one licence, to which part of the tax assessed is related but in addition part of the tax assessed is not related to any licence. (6) Condition E is that the tax is not paid in full within 30 days after it becomes due and payable. (7) In this Part “licence” means a licence under Part 1 of the Petroleum Act 1998.

77C Secondary-liability notices

(1) If each of the pre-conditions (see section 77B) is met, an officer of Revenue and Customs may serve on the holder of the licence concerned, or on the holder of any of the licences concerned, a notice— (a) that states particulars of the assessment, (b) that states the amount remaining unpaid and the date when it became payable, (c) that requires the holder to pay, within 30 days of the service of the notice, the amount for which the holder is liable, and (d) that, if the amount for which the holder is liable is given by subsection (3) or section 77G(7), gives particulars of how the amount was determined. (2) For the purposes of subsection (1), the amount for which the holder is liable is the amount remaining unpaid, together with any interest on it under sections 86 and 87A, but this is subject to subsection (3) and section 77G(7). (3) In a case within section 77B(5)(b) or (c), the amount for which the holder of the licence is liable is given by— LT×(A+I) (4) In subsection (3)— A is the amount remaining unpaid, I is any interest due on that amount under sections 86 and 87A, T is the total amount of the profits or chargeable gains in respect of which the assessment is made, and L is so much of that total amount as is profits or chargeable gains related to the licence. (5) The power under subsection (1) is subject to section 77E (certain pre-1974 cases). (6) In this Part “secondary-liability notice” means a notice under subsection (1).

77D Payments under secondary-liability notices

(1) Any amount which a person is required to pay by a secondary-liability notice may be recovered from the person as if it were tax due and duly demanded from the person. (2) If a person (“H”) pays any amount which a secondary-liability notice requires H to pay, H may recover the amount from the person on whom the assessment concerned was made. (3) A payment in pursuance of a secondary-liability notice is not allowed as a deduction in calculating any income, profits or losses for any tax purposes.

77E Exception for certain pre-1974 cases

(1) Section 77C(1) does not give power to serve a secondary-liability notice on the holder of a licence if the profits arose, or the chargeable gains accrued, to the assessed person in consequence of a contract made by the holder before 23 March 1973. (2) The exception under subsection (1) does not apply if— (a) the assessed person is connected with the holder, or (b) the contract was substantially varied on or after 23 March 1973. (3) For the purposes of subsection (2), whether a person is connected with another is determined in accordance with section 1122 of CTA 2010.

77F Issue, cancellation and effect of exemption certificates

(1) This section applies if there is a person (“T”) who will or might become liable to tax which, if unpaid, could be recovered under this Part from a person (“H”) who is the holder of a licence. (2) If an officer of Revenue and Customs, on an application made by T, is satisfied that T will comply with any obligations imposed on T by the Taxes Acts, the officer may issue to H a certificate exempting H from section 77C with respect to any tax payable by T. (3) If a certificate is issued to H under subsection (2), an officer of Revenue and Customs may, by notice in writing to H, cancel the certificate from the date specified in the notice. (4) The date specified in a notice under subsection (3) may not be earlier than 30 days after the service of the notice. (5) If a certificate is issued to H under subsection (2), section 77C does not apply to any tax payable by T which becomes due while the certificate is in force. (6) If a certificate is issued to H under subsection (2) but is subsequently cancelled under subsection (3), section 77C also does not apply to any tax payable by T which— (a) becomes due after the certificate is cancelled, but (b) is in respect of profits arising, or chargeable gains accruing, while the certificate is in force.

77G Liabilities for assessments made after exemption certificate cancelled

(1) Subsection (7) applies if— (a) each of conditions A to C is met, and (b) one of conditions D and E is met. (2) Condition A is that, after the cancellation under section 77F(3) of a certificate issued under section 77F(2) to a person (“H”) who is the holder of a licence, tax related to the licence is assessed on the applicant for the certificate. (3) Condition B is that the tax is assessed in reliance on— (a) section 276 of the 1992 Act, (b) section 874 of ITTOIA 2005, or (c) section 1313 of CTA 2009. (4) Condition C is that the tax assessed is not tax under ITEPA 2003. (5) Condition D is that— (a) ignoring section 77F, H could be required by a secondary-liability notice to pay all of the tax remaining unpaid under the assessment, and (b) the profits or chargeable gains in respect of which the assessment is made include (but are not limited to) profits arising, or chargeable gains accruing, while the certificate is in force. (6) Condition E is that— (a) as a result of section 77C(3), but ignoring section 77F, H could be required by a secondary-liability notice to pay some, but not all, of the tax remaining unpaid under the assessment, and (b) the profits or chargeable gains that are— (i) ones in respect of which the assessment is made, and (ii) related to the licence, include (but are not limited to) profits arising, or chargeable gains accruing, while the certificate is in force. (7) If this subsection applies then, for the purposes of section 77C(1), the amount for which the holder of the licence is liable is the amount given by— A×(1—CIFCIF+NIF) together with a corresponding proportion of any interest due under sections 86 and 87A on the amount remaining unpaid. (8) In subsection (7)— A is the amount that H could be required to pay as mentioned in paragraph (a) of whichever of conditions D and E is met (“the operative condition”), CIF is the amount of the profits or chargeable gains mentioned in paragraph (b) of the operative condition that are ones arising, or accruing, while the certificate is in force, and NIF is the amount of the profits or chargeable gains mentioned in paragraph (b) of the operative condition that are ones arising, or accruing, while the certificate is not in force.

77H Calculations under sections 77C(3) and 77G(7)

(1) Subsection (2) applies for the purposes of calculating any of the following amounts of profits or chargeable gains— (a) L in a calculation under section 77C(3), (b) CIF in a calculation under section 77G(7), and (c) CIF + NIF in a calculation under section 77G(7) when it is condition E in section 77G that is met. (2) The amount is to be calculated as if for the purposes of making a separate assessment in respect of those profits or chargeable gains on the person on whom the assessment was made. (3) An officer of Revenue and Customs applying subsection (2) is to make all such allocations and apportionments of receipts, expenses, allowances and deductions taken into account, or made, for the purposes of the actual assessment as appear to the officer to be just and reasonable in the circumstances.

77I Information

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77J Meaning of “related to a licence” as respects tax, or profits or gains

(1) Subsections (2) and (3) apply for the purposes of this Part. (2) An amount of tax is related to a licence if the tax is in respect of profits or chargeable gains related to the licence. (3) Profits or chargeable gains are related to a licence if they are— (a) profits from activities authorised by the licence, (b) profits from activities carried on in connection with activities authorised by the licence, or (c) profits from, or chargeable gains accruing on the disposal of, exploration or exploitation rights connected with— (i) activities authorised by the licence, or (ii) activities carried on in connection with activities authorised by the licence. (4) In this section— (a) “designated area” means an area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, (b) “exploration or exploitation activities” means activities carried on in connection with the exploration or exploitation of so much of the seabed and subsoil and their natural resources as is situated in the United Kingdom or a designated area, (c) “exploration or exploitation rights” means rights to— (i) assets to be produced by exploration or exploitation activities, (ii) interests in such assets, or (iii) the benefit of such assets, (d) any reference to the disposal of exploration or exploitation rights includes a reference to the disposal of unlisted shares deriving their value, or the greater part of their value, directly or indirectly from such rights, (e) “shares” includes— (i) stock, and (ii) securities not creating or evidencing a charge on assets, (f) “unlisted shares” means shares that are not listed on a recognised stock exchange, and (g) “recognised stock exchange” has the meaning given by section 1005(1) and (2) of ITA 2007.

77K Other definitions in Part 7A

(1) This section applies for the purposes of this Part. (2) “Licence” has the meaning given by section 77B(7). (3) “Secondary-liability notice” has the meaning given by section 77C(6).