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Finance Bill


Finance Bill
Schedule 49 — Powers to obtain contact details for debtors

359

 

(c)   

the officer has reasonable grounds to believe that a person (“the third

party”) has any such details, and

(d)   

the condition in sub-paragraph (2) is met.

      (2)  

That condition is that—

(a)   

the third party is a company, a local authority or a local authority

5

association, or

(b)   

the officer has reasonable grounds to believe that the third party

obtained the details in the course of carrying on a business.

      (3)  

This Schedule does not apply if—

(a)   

the third party is a charity and obtained the details in the course of

10

providing services free of charge, or

(b)   

the third party is not a charity but obtained the details in the course

of providing services on behalf of a charity that are free of charge to

the recipient of the service.

Power to obtain details

15

2     (1)  

An officer of Revenue and Customs may by notice in writing require the

third party to provide the details.

      (2)  

The notice must name the debtor.

Complying with notices

3          

If a notice is given to the third party under this Schedule, the third party

20

must provide the details—

(a)   

within such period, and

(b)   

at such time, by such means and in such form (if any),

           

as is reasonably specified or described in the notice.

Right to appeal

25

4     (1)  

The third party may appeal against the notice or any requirement in the

notice on the ground that it would be unduly onerous to comply with the

notice or requirement.

      (2)  

Paragraph 32 of Schedule 36 to FA 2008 (procedure on appeal to tribunal)

applies to an appeal under this paragraph as it applies to an appeal relating

30

to a notice under that Schedule.

Penalty

5     (1)  

This paragraph applies if the third party fails to comply with the notice.

      (2)  

The third party is liable to a penalty of £300.

      (3)  

Paragraphs 44 to 49 and 52 of Schedule 36 to FA 2008 (assessment and

35

enforcement of penalties etc) apply in relation to a penalty under this

paragraph as they apply in relation to a penalty under paragraph 39(1)(a) of

that Schedule (and references in those provisions to an information notice

include a notice under this Schedule).

 
 

Finance Bill
Schedule 49 — Powers to obtain contact details for debtors

360

 

Power to change amount of penalty

6     (1)  

If it appears to the Treasury that there has been a change in the value of

money since the last relevant date, they may by regulations substitute for the

sum for the time being specified in paragraph 5 such other sum as appears

to them to be justified by the change.

5

      (2)  

In sub-paragraph (1), “relevant date” means—

(a)   

the date on which this Act is passed, and

(b)   

each date on which the power conferred by that sub-paragraph has

been exercised.

      (3)  

Regulations under this paragraph do not apply to any failure which began

10

before the date on which they come into force.

      (4)  

Regulations made by the Treasury under this paragraph are to be made by

statutory instrument.

      (5)  

A statutory instrument containing regulations under this paragraph is

subject to annulment in pursuance of a resolution of the House of Commons.

15

Application of provisions of TMA 1970

7          

Subject to the provisions of this Schedule, the following provisions of TMA

1970 apply for the purposes of this Schedule as they apply for the purposes

of the Taxes Acts—

(a)   

section 108 (responsibility of company officers),

20

(b)   

section 114 (want of form), and

(c)   

section 115 (delivery and service of documents).

General interpretation

8          

In this Schedule—

“business” includes—

25

(a)   

a profession, and

(b)   

a property business;

“charity” means a company, body of persons or trust established for

charitable purposes only;

“the Commissioners” means the Commissioners for Her Majesty’s

30

Revenue and Customs;

“contact details”, in relation to a person, means the person’s address

and any other information about how the person may be contacted;

“contract settlement” means an agreement made in connection with

any person’s liability to make a payment to the Commissioners

35

under or by virtue of an enactment;

“enactment” includes subordinate legislation (within the meaning of

the Interpretation Act 1978);

“local authority” has the meaning given in section 999 of ITA 2007;

“local authority association” has the meaning given in section 1000 of

40

that Act;

“property business” has the same meaning as in ITTOIA 2005 (see

section 263(6) of that Act).

 
 

Finance Bill
Schedule 50 — Record-keeping

361

 

Schedule 50

Section 97

 

Record-keeping

Insurance premium tax

1     (1)  

Paragraph 1 of Schedule 7 to FA 1994 (insurance premium tax: records) is

amended as follows.

5

      (2)  

In sub-paragraph (3)—

(a)   

after “may” insert “—

(a)   

”, and

(b)   

insert at the end—

“(b)   

authorise the Commissioners to direct that any

10

such records need only be preserved for a shorter

period than that specified in the regulations, and

(c)   

authorise a direction to be made so as to apply

generally or in such cases as the Commissioners

may stipulate.”

15

      (3)  

For sub-paragraphs (4) to (6) substitute—

    “(4)  

A duty under the regulations to preserve records may be

discharged—

(a)   

by preserving them in any form and by any means, or

(b)   

by preserving the information contained in them in any

20

form and by any means,

           

subject to any conditions or exceptions specified in writing by the

Commissioners.”

2          

In consequence of the amendment made by paragraph 1(3), in the Criminal

Procedure (Consequential Provisions) (Scotland) Act 1995, in Schedule 4,

25

omit paragraph 89(4)(a).

Stamp duty land tax

3          

Part 4 of FA 2003 (stamp duty land tax) is amended as follows.

4          

Schedule 10 (stamp duty land tax: returns, enquiries, assessments and

appeals) is amended in accordance with paragraphs 5 to 7.

30

5     (1)  

Paragraph 9 (duty to keep and preserve records) is amended as follows.

      (2)  

In sub-paragraph (2), for “for six years after the effective date of the

transaction and until any later” substitute “until the end of the later of the

relevant day and the”.

      (3)  

After that sub-paragraph insert—

35

   “(2A)  

“The relevant day” means—

(a)   

the sixth anniversary of the effective date of the

transaction, or

(b)   

such earlier day as may be specified in writing by the

Commissioners for Her Majesty’s Revenue and Customs

40

(and different days may be specified for different cases).”

 
 

Finance Bill
Schedule 50 — Record-keeping

362

 

      (4)  

After sub-paragraph (3) insert—

    “(4)  

The Commissioners for Her Majesty’s Revenue and Customs may

by regulations—

(a)   

provide that the records required to be kept and preserved

under this paragraph include, or do not include, records

5

specified in the regulations, and

(b)   

provide that those records include supporting documents

so specified.

      (5)  

Regulations under this paragraph may make provision by

reference to things specified in a notice published by the

10

Commissioners for Her Majesty’s Revenue and Customs in

accordance with the regulations (and not withdrawn by a

subsequent notice).

      (6)  

“Supporting documents” includes accounts, books, deeds,

contracts, vouchers and receipts.”

15

6          

For paragraph 10 (preservation of information instead of original records)

substitute—

“10        

The duty under paragraph 9 to preserve records may be

satisfied—

(a)   

by preserving them in any form and by any means, or

20

(b)   

by preserving the information contained in them in any

form and by any means,

           

subject to any conditions or exceptions specified in writing by the

Commissioners for Her Majesty’s Revenue and Customs.”

7          

Accordingly, in the heading before paragraph 10, for “instead of original

25

records” substitute “etc”.

8          

Schedule 11 (record-keeping where transaction is not notifiable) is amended

in accordance with paragraphs 9 to 11.

9     (1)  

Paragraph 4 (duty to keep and preserve records) is amended as follows.

      (2)  

In sub-paragraph (2), for “for six years after the effective date of the

30

transaction” substitute “until the end of—

(a)   

the sixth anniversary of the effective date of the

transaction, or

(b)   

such earlier day as may be specified in writing by the

Commissioners for Her Majesty’s Revenue and Customs

35

(and different days may be specified for different cases).”

      (3)  

After sub-paragraph (3) insert—

    “(4)  

The Commissioners for Her Majesty’s Revenue and Customs may

by regulations—

(a)   

provide that the records required to be kept and preserved

40

under this paragraph include, or do not include, records

specified in the regulations, and

(b)   

provide that those records include supporting documents

so specified.

      (5)  

Regulations under this paragraph may make provision by

45

reference to things specified in a notice published by the

 
 

Finance Bill
Schedule 50 — Record-keeping

363

 

Commissioners for Her Majesty’s Revenue and Customs in

accordance with the regulations (and not withdrawn by a

subsequent notice).

      (6)  

“Supporting documents” includes accounts, books, deeds,

contracts, vouchers and receipts.”

5

10         

For paragraph 5 (preservation of information instead of original records)

substitute—

“5         

The duty under paragraph 4 to preserve records may be

satisfied—

(a)   

by preserving them in any form and by any means, or

10

(b)   

by preserving the information contained in them in any

form and by any means,

           

subject to any conditions or exceptions specified in writing by the

Commissioners for Her Majesty’s Revenue and Customs.”

11         

Accordingly, in the heading before paragraph 5, for “instead of original

15

records” substitute “etc”.

12         

Schedule 11A (claims not included in returns) is amended in accordance

with paragraphs 13 and 14.

13    (1)  

Paragraph 3 (duty to keep and preserve records) is amended as follows.

      (2)  

Omit sub-paragraphs (3) and (4).

20

      (3)  

After sub-paragraph (4) insert—

   “(4A)  

The Commissioners for Her Majesty’s Revenue and Customs may

by regulations—

(a)   

provide that the records required to be kept and preserved

under this paragraph include, or do not include, records

25

specified in the regulations, and

(b)   

provide that those records include supporting documents

so specified.

     (4B)  

Regulations under this paragraph may make provision by

reference to things specified in a notice published by the

30

Commissioners for Her Majesty’s Revenue and Customs in

accordance with the regulations (and not withdrawn by a

subsequent notice).

     (4C)  

“Supporting documents” includes accounts, books, deeds,

contracts, vouchers and receipts.”

35

14         

After that paragraph insert—

“Preservation of information etc

3A         

The duty under paragraph 3 to preserve records may be

satisfied—

(a)   

by preserving them in any form and by any means, or

40

(b)   

by preserving the information contained in them in any

form and by any means,

           

subject to any conditions or exceptions specified in writing by the

Commissioners for Her Majesty’s Revenue and Customs.”

 
 

Finance Bill
Schedule 50 — Record-keeping

364

 

Aggregates levy

15         

Schedule 7 to FA 2001 (aggregates levy: information and evidence etc) is

amended as follows.

16    (1)  

Paragraph 2 (records) is amended as follows.

      (2)  

For sub-paragraphs (4) and (5) substitute—

5

    “(4)  

A duty under regulations under this paragraph to preserve

records may be discharged—

(a)   

by preserving them in any form and by any means, or

(b)   

by preserving the information contained in them in any

form and by any means,

10

           

subject to any conditions or exceptions specified in writing by the

Commissioners.”

      (3)  

In sub-paragraph (9), omit “approval or” and “given or”.

17         

Omit paragraph 3 (evidence of records that are required to be preserved).

Climate change levy

15

18         

Schedule 6 to FA 2000 (climate change levy) is amended as follows.

19    (1)  

Paragraph 125 (records) is amended as follows.

      (2)  

For sub-paragraphs (4) and (5) substitute—

    “(4)  

A duty under regulations under this paragraph to preserve

records may be discharged—

20

(a)   

by preserving them in any form and by any means, or

(b)   

by preserving the information contained in them in any

form and by any means,

           

subject to any conditions or exceptions specified in writing by the

Commissioners.”

25

      (3)  

In sub-paragraph (9), omit “approval or” and “given or”.

20         

Omit paragraph 126 (evidence of records that are required to be preserved).

Landfill tax

21         

In paragraph 2 of Schedule 5 to FA 1996 (landfill tax: records), for sub-

paragraphs (4) to (7) substitute—

30

    “(4)  

A duty under regulations under this paragraph to preserve

records may be discharged—

(a)   

by preserving them in any form and by any means, or

(b)   

by preserving the information contained in them in any

form and by any means,

35

           

subject to any conditions or exceptions specified in writing by the

Commissioners.”

 
 

 
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