The Investment Trusts (Dividends) (Optional Treatment as Interest Distributions) Regulations 2009

Notification of interest distributions made without deduction of tax

22.—(1) If, during a tax year, a company has made interest distributions without deduction of tax, the company must give notice of that fact to the Commissioners within 14 days of the end of that tax year.

(2) Notice given under paragraph (1)—

(a) must be given in writing, and

(b) has effect for the tax year in which the distribution was made and for subsequent tax years until the notice is withdrawn.

(3) A company that fails to comply with paragraph (1) is liable to a penalty not exceeding £3,000 determined in accordance with section 100 of the Taxes Management Act 1970(1).

(4) Sections 100A, 100B, 102, 103(4) and 118(2) of the Taxes Management Act 1970(2) apply to a penalty determined in accordance with paragraph (3).

(1)

1970 c. 9. Section 100 was substituted by section 167 of the Finance Act 1989 (c. 26). There are amendments to section 100 but none is relevant.

(2)

Section 100A and 100B were substituted by section 167 of the Finance Act 1989. Section 100A was amended by paragraph 29 of Schedule 24 to the Finance Act 2007 (c. 11) subject to transitional rules in article 3 of S.I. 2008/568. Section 100B was amended by paragraph 31 of Schedule 19 to the Finance Act 1994 (c. 9), section 115(7) of the Finance Act 1995 (c. 4) and by S.I. 1994/1813. Section 102 was amended by section 164(4) of the Finance Act 1989. Section 118(2) was amended by Part VII of Schedule 8 to the Finance Act 1970 (c. 24) and by section 94 of the Finance (No. 2) Act 1987 (c. 51).