Finance Act 1986

Section 44.

SCHEDULE 11 Entertainers and Sportsmen

Introduction

1 Where a person who is an entertainer or sportsman of a prescribed description performs an activity of a prescribed description in the United Kingdom (a relevant activity), this Schedule shall apply if he is not resident in the United Kingdom in the year of assessment in which the relevant activity is performed.

Payment of tax

2 (1) Where a payment is made (to whatever person) and it has a connection of a prescribed kind with the relevant activity, the person by whom it is made shall on making it deduct out of it a sum representing income tax and shall account to the Board for the sum.

(2) The sum mentioned in sub-paragraph (1) above shall be such as is calculated in accordance with prescribed rules but shall in no case exceed the relevant proportion of the payment concerned; and "relevant proportion" here means a proportion equal to the basic rate of income tax for the year of assessment in which the payment is made.

(3) Where a transfer is made (to whatever person) and it has a connection of a prescribed kind with the relevant activity, the person by whom it is made shall account to the Board for a sum representing income tax.

(4) The sum mentioned in sub-paragraph (3) above shall be such as is calculated in accordance with prescribed rules but shall in no case exceed the relevant proportion of the value of what is transferred; and

• "relevant proportion" here means a proportion equal to the basic rate of income tax for the year of assessment in which the transfer is made.

(5) References in this paragraph and in the following provisions of this Schedule to a payment include references to a payment by way of loan of money.

(6) References in this paragraph and in the following provisions of this Schedule to a transfer do not include references to a transfer of money but, subject to that, include references to a temporary transfer (as by way of loan) and to a transfer of a right (whether or not a right to receive money).

(7) This paragraph shall not apply to payments or transfers of such a kind as may be prescribed.

3 (1) Regulations may—

(a) make provision enabling the Board to serve notices requiring persons who make payments or transfers to which paragraph 2 above applies to furnish to the Board particulars of a prescribed kind in respect of payments or transfers;

(b) make provision requiring persons who make payments or transfers to which paragraph 2 above applies to make, at prescribed times and for prescribed periods, returns to the Board containing prescribed information about payments or transfers and the income tax for which those persons are accountable in respect of them;

(c) make provision for the collection and recovery of such income tax, provision for assessments and claims to be made in respect of it, and provision for the payment of interest on it;

(d) adapt, or modify the effect of, any enactment relating to income tax for the purpose of making any such provision as is mentioned in paragraphs (a) to (c) above.

(2) The words "Regulations under paragraph 3 of Schedule 11 to the Finance Act 1986" shall be added at the end of each column in the Table in section 98 of the [1970 c. 9.] Taxes Management Act 1970 (penalties for failure to furnish information etc.).

4 (1) Where in accordance with paragraphs 2 and 3 above a person pays a sum to the Board, they shall treat it as having been paid on account of a liability of another person to income tax or corporation tax; and the liability and the other person shall be such as are found in accordance with prescribed rules.

(2) Where the sum exceeds the liability concerned, the Board shall pay such of the sum as is appropriate to the other person mentioned in sub-paragraph (1) above.

(3) Where no liability is found as mentioned in sub-paragraph (1) above, the Board shall pay the sum to the person to whom the relevant payment or transfer was made; and here "the relevant payment or transfer" means the payment or transfer to which paragraph 2 above applies and which gave rise to the payment of the sum concerned to the Board.

(4) In construing references to a sum in sub-paragraphs (1) to (3) above, anything representing interest shall be ignored.

5 No obligation as to secrecy imposed by statute or otherwise shall preclude the Board or an authorised officer of the Board from disclosing to any person who appears to the Board to have an interest in the matter information which may be relevant to determining whether paragraph 2 above applies to a payment or transfer.

Activity treated as part of trade etc.

6 (1) Where a payment is made (to whatever person) and it has a connection of the prescribed kind with the relevant activity, the activity shall be treated for the purposes of the Tax Acts as performed in the course of a trade, profession or vocation exercised by the entertainer or sportsman within the United Kingdom, to the extent that (apart from this paragraph) it would not be so treated.

(2) This paragraph shall not apply unless the payment is one to which paragraph 2 above applies.

(3) This paragraph shall not apply where the relevant activity is performed in the course of an office or employment.

(4) References in this paragraph to a payment include references to a transfer.

Income attributed to entertainer or sportsman

7 (1) Where a payment is made to a person who fulfils a prescribed description but is not the entertainer or sportsman, and the payment has a connection of the prescribed kind with the relevant activity.—

(a) the entertainer or sportsman shall be treated for the purposes of the Tax Acts as the person to whom the payment is made, and

(b) the payment shall be treated for those purposes as made to him in the course of a trade, profession or vocation exercised by him within the United Kingdom (whether or not he would be treated as exercising such a trade, profession or vocation apart from this paragraph).

(2) Regulations may provide for the deduction, in computing any profits or gains of the entertainer or sportsman arising from the payment, of expenses incurred by other persons in relation to the payment.

(3) Regulations may provide that any liability to tax (whether of the entertainer or sportsman or of another person) which would, apart from this paragraph, arise in relation to the payment shall not arise or shall arise only to a prescribed extent.

(4) This paragraph shall not apply unless the payment is one to which paragraph 2 above applies.

(5) This paragraph shall not apply in such circumstances as may be prescribed.

(6) References in this paragraph to a payment include references to a transfer.

Charge on profits or gains

8 (1) Where income tax is chargeable under Case I or Case II of Schedule D on the profits or gains arising from payments (made to whatever person) and the payments have a connection of the prescribed kind with relevant activities of the entertainer or sportsman, such tax shall be charged—

(a) as if those payments were received in the course of one trade, profession or vocation exercised by the entertainer or sportsman within the United Kingdom separately from any other trade, profession or vocation exercised by him, and

(b) for each year of assessment, on the full amount of the profits or gains arising in the year from those payments.

(2) Regulations may—

(a) provide for the apportionment of profits or gains between different trades, professions or vocations of the entertainer or sportsman;

(b) provide for the apportionment between different years of assessment of the profits or gains arising from relevant activities of the entertainer or sportsman;

(c) provide for losses sustained in any trade, profession or vocation of the entertainer or sportsman to be deducted from or set off against the profits or gains of another trade, profession or vocation of the entertainer or sportsman;

(d) provide that prescribed provisions of the Tax Acts about losses, or about expenditure, shall not apply (or shall apply with prescribed modifications) in prescribed circumstances relating to the entertainer or sportsman.

(3) References in sub-paragraph (2)(a) and (c) above to a trade, profession or vocation of the entertainer or sportsman include references to that first mentioned in sub-paragraph (1)(a) above as well as to any other exercised by him.

(4) This paragraph shall not apply in the case of a payment unless it is one to which paragraph 2 above applies.

(5) References in this paragraph to a payment include references to a transfer.

Valuation etc.

9 (1) A payment to which paragraph 2(1) above applies shall be treated for the purposes of the Tax Acts as not diminished by the sum mentioned in paragraph 2(1).

(2) Regulations may provide that for the purposes of the Tax Acts the value of what is transferred by a transfer to which paragraph 2(3) above applies shall be calculated in accordance with prescribed rules.

(3) In particular, the rules may include provision for the calculation of an amount representing the actual worth of what is transferred, for that amount to be treated as a net amount corresponding to a gross amount from which income tax at the basic rate has been deducted, and for the gross amount to be taken to be the value of what is transferred.

General

10 Regulations may make provision generally for giving effect to this Schedule.

11 (1) In this Schedule "prescribed" means prescribed by regulations.

(2) Regulations under this Schedule may make different provision for different cases or descriptions of case.

(3) The power to make regulations under this Schedule shall be exercisable by the Treasury by statutory instrument subject to annulment in pursuance of a resolution of the Commons House of Parliament.

12 This Schedule shall have effect for the year 1987—88 and subsequent years of assessment.