The Stamp Duty (Collection and Recovery of Penalties) Regulations 1999

PART I

TABLE

Provisions applied	Modifications
Section 60(1)	For the words “the tax” in the first place where they occur substitute “a stamp duty penalty”; and omit the
(2)	For the word “tax” substitute “penalty”.
61	—(1)
63	For the side-note to the section substitute “Recovery of stamp duty penalties in Scotland”.
(1)	Omit the words “Subject to subsection (3) below,”; for the word “tax” in the first place where it occurs substitute “stamp duty penalty”; and in paragraph (a) for the word “tax” substitute “penalty”.
(2)	—
63A	—(2)
65(1)	For the words “income tax, capital gains tax or corporation tax” substitute “a stamp duty penalty”.
(2)	For the word “tax” substitute “stamp duty penalties”; and for the words “under one assessment” substitute “in respect of the same act or omission”.
(3)	—
(4)	—
(5)	—(3)
66(1)	For the word “Tax” substitute “A stamp duty penalty”; and omit the words “under any assessment”.
(2)	—
(3)	—
(4)	—(4)
67(1)	For the word “tax” substitute “a stamp duty penalty”; and omit the words “under any asssessment”.
(1A)	—
(2)	—(5)
68(1)	For the word “tax” in the first place where it occurs substitute “stamp duty penalty”; and for the word “tax” in the second place where it occurs substitute “penalty”.
(2)	—
69	For the side-note to the section substitute “Interest on stamp duty penalties”.
	For the words from “A penalty” to “as if it were interest so charged” substitute “Interest charged under section 103A of this Act on a stamp duty penalty”; and for the words from “as if it were tax” in the first place where they occur to the end substitute “as if it were a stamp duty penalty due and payable in respect of the same act or omission as that to which the stamp duty penalty on which the interest is charged relates”.(6)
70(2)	In paragraph (a) before the word “penalty” insert “stamp duty”; and omit the words from “under Part II, VA or X” to “under Part IX of this Act”; in paragraph (b) omit the words “, surcharge or interest”.(7)
103A	For the side-note to the section substitute “Interest on stamp duty penalties”.
	For the words from “penalty” to “Finance Act 1998,” substitute “stamp duty penalty”; and after the words “Finance Act 1989” insert “for the purpose of section 15A of the Stamp Act 1891”.(8)
107A	For the side-note to the section substitute “Trustees”.
(2)	Omit the word “relevant”; for the words from “liable” to “section 86 of this Act” substitute “liable to a stamp duty penalty, or to interest under section 103A of this Act on such a penalty,”; and for the words “, interest, payment or surcharge” substitute “or interest”.
(3)	Omit “(a) or (c)”; for the words “a relevant trustee” substitute “a trustee”; and for the words from “the relevant time” to the end substitute “the time when the act or omission which caused the penalty to become payable occurred”.(9)
108(1)	For the words “Taxes Acts” in both places where they occur substitute “relevant enactments relating to stamp duty”; and omit the words from “This subsection” to the end.
(2)	For the words from the beginning to “Corporation Tax Acts on” substitute “A stamp duty penalty for which”; after the word “Charter,” insert “is liable,”; for the words “the tax becomes due” substitute “the penalty becomes due”; and for the words “that tax” substitute “that penalty”.
(3)	—(10)
112	For the side-note to the section substitute “Loss, destruction or damage to notices of determination, etc.”.
(1)	For the words from “assessment to tax” to “or any return” substitute “notice of determination,”; for the words “relating to tax” substitute “relating to a stamp duty penalty”; omit the word “inspectors,”; for the words “in relation to tax” substitute “in relation to the penalty”; for the words “assessment or duplicate of assessment” substitute “notice of determination”; for the words “the return or” substitute “the”; omit the words “made or” in both places where they occur; for the words “charged with tax” substitute “charged with a stamp duty penalty”; and for the words from “any tax for the same chargeable period” to “so charged” substitute “an amount in respect of that same penalty”.
(2)	Omit the words “General or”; and omit the word “concerned”.
113	For the side-note to the section substitute “Form of determinations and other documents”.
(1D)	For the words “a penalty under section 100 of this Act” substitute “a stamp duty penalty”.
(3)	For the words from “Every assessment” to “of determination” substitute “Every determination, warrant, notice of determination”; omit the word “assessing,”; and for the words “and levying tax or determining a penalty” substitute “, levying or determining a stamp duty penalty”.(11)
114	For the side-note to the section substitute “Want of form or errors not to invalidate determinations, etc.”.
(1)	For the words “An assessment or determination” substitute “A determination”; after the word “proceeding” insert “in relation to a stamp duty penalty”; for the words “the Taxes Acts” in both places where they occur substitute “the relevant enactments relating to stamp duty”; and omit the words “or property”.
(2)	For the words “An assessment or determination” substitute “A determination”; in paragraph (a)(ii) for the words “the description of any profits or property” substitute “the amount of the penalty”; in paragraph (a)(iii) for the words “the amount of the tax charged” substitute “any other matter specified therein”; and in paragraph (b) omit the words “assessment or”(12)
115(1)	For the word “form” substitute “other document”; and for the words “the Taxes Acts” substitute “the relevant enactments relating to stamp duty”.
(2)	For the words “the Taxes Acts” substitute “the relevant enactments relating to stamp duty”; before the words “by any officer of the Board” insert “or”; omit the words “or by or on behalf of any body of Commissioners”; in paragraph (b) omit the words “in the case of a company, at any other prescribed place, and”; omit the words “or any other prescribed place”.
(5)	Omit the words “the General Commissioners Regulations or”.(13)
118(1)	Omit the following definitions— “Act” “branch or agency” “chargeable gain” “chargeable period” “the General Commissioners Regulations” “incapacitated person” “infant” “inspector” “the relevant trustees” “return” “successor” “tax” “the Taxes Acts” “the 1992 Act” “trade”; and after the definition of “the principal Act” insert the following definition— ““the relevant enactments relating to stamp duty” means this Act and— (a) Part II of Schedule 17 to the Finance Act 1999, and (b) the Stamp Duty (Collection and Recovery of Penalties) Regulations 1999,.(14)”

(1)

Section 61 was amended by section 152 of, and Part VIII of Schedule 17 to, the Finance Act 1989 (c. 26).

(2)

Sections 63 and 63A were substituted for section 63 by paragraph 2 of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18).

(3)

Section 65 was amended by section 57(1) of the Finance Act 1984 (c. 43), paragraph 19 of Schedule 19 to the Finance Act 1994 (c. 9), and paragraph 30 of Schedule 19 to the Finance Act 1998 (c. 36).

(4)

Section 66 was amended by section 57(2) of the Finance Act 1984, Part II of Schedule I to the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)), and Part I of the Schedule to the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724(L.5)).

(5)

Section 67(1) was amended by section 58 of, and Part III of Schedule 15 to, the Finance Act 1976 (c. 40) and section 67(1A) was inserted by section 156 of the Finance Act 1995 (c. 4).

(6)

Section 69 was amended by section 86(1) of the Finance (No. 2) Act 1987 (c. 51), paragraph 20 of Schedule 19 to the Finance Act 1994, and paragraph 3(2) of Schedule 4, and paragraph 31 of Schedule 19, to the Finance Act 1998.

(7)

Section 70(2) was amended by paragraph 21(1) of Schedule 19 to the Finance Act 1994.

(8)

Section 103A was inserted by paragraph 33 of Schedule 19 to the Finance Act 1994, and was amneded by section 115(8) of the Finance Act 1995, and paragraph 40 of Schedule 19 to the Finance Act 1998.

(9)

Section 107A was inserted by section 103(5) of the Finance Act 1995.

(10)

Section 108 was amended by Schedule 2 to the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), and paragraph 7 of Schedule 14 to the Finance Act 1993 (c. 34).

(11)

Section 113(1D) was inserted by section 168(7)(a) of the Finance Act 1989, and section 113(3) was amended by section 168(7)(b) of the Finance Act 1989.

(12)

Section 114 was amended by section 160(5) of the Finance Act 1989.

(13)

Section 115(5) was inserted by paragraph 16 of Schedule 1 to the General and Special Commissioners (Amendment of Enactments) Regulations 1994 (S.I. 1994/1813).

(14)

Relevant amendments to section 118(1) were made by paragraph 32 of Schedule 29 to the Income and Corporation Taxes Act 1988 (c. 1), Part VIII of Schedule 17 to the Finance Act 1989, paragraph 34 of Schedule 2 to the Age of Legal Capacity (Scotland) Act 1991 (c. 50), paragraph 2(11)(c) of Schedule 10 to the Taxation of Chargeable Gains Act 1992 (c. 12), paragraph 17 of Schedule 1 to S.I. 1994/1813, section 103(6) of the Finance Act 1995, and section 123(14) of the Finance Act 1996 (c. 8).