C1Part 6Revenue Functions
General functions
I1317F4The National Crime Agency's general Revenue functions
1
For the purposes of this section the qualifying condition is that F5the National Crime Agency has reasonable grounds to suspect that—
a
income arising or a gain accruing to a person in respect of a chargeable period is chargeable to income tax or is a chargeable gain (as the case may be) and arises or accrues as a result of the person’s or another’s criminal conduct (whether wholly or partly and whether directly or indirectly), or
b
a company is chargeable to corporation tax on its profits arising in respect of a chargeable period and the profits arise as a result of the company’s or another person’s criminal conduct (whether wholly or partly and whether directly or indirectly).
2
If the qualifying condition is satisfied F5the National Crime Agency may serve on the Commissioners of Inland Revenue (the Board) a notice which—
a
specifies the person or the company (as the case may be) and the period, and
b
states that F5the National Crime Agency intends to carry out, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice.
3
Service of a notice under subsection (2) vests in F5the National Crime Agency, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice; but this is subject to section 318.
4
F5the National Crime Agency—
a
may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
b
must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
5
A notice under subsection (2) and a notice of withdrawal under subsection (4) may be in respect of one or more periods.
6
Service of a notice under subsection (4) divests F5the National Crime Agency of the functions concerned in relation to the person or the company (as the case may be) and in respect of the period or periods specified in the notice.
7
The vesting of a function in F5the National Crime Agency under this section does not divest the Board or an officer of the Board of the function.
8
If—
a
apart from this section the Board’s authorisation would be required for the exercise of a function, and
b
the function is vested in F5the National Crime Agency under this section,
the authorisation is not required in relation to the function as so vested.
9
It is immaterial whether a chargeable period or any part of it falls before or after the passing of this Act.
I2318 Revenue functions regarding employment
1
Subsection (2) applies if—
a
F6the National Crime Agency serves a notice or notices under section 317(2) in relation to a company and in respect of a period or periods, and
b
the company is an employer.
2
The general Revenue functions vested in F6the National Crime Agency do not include functions relating to any requirement which—
a
is imposed on the company in its capacity as employer, and
b
relates to a year of assessment which does not fall wholly within the period or periods.
3
Subsection (4) applies if—
a
F6the National Crime Agency serves a notice or notices under section 317(2) in relation to an individual and in respect of a year or years of assessment, and
b
the individual is a self-employed earner.
4
The general Revenue functions vested in F6the National Crime Agency do not include functions relating to any liability to pay Class 2 contributions in respect of a period which does not fall wholly within the year or years of assessment.
5
In this section in its application to Great Britain—
a
“self-employed earner” has the meaning given by section 2(1)(b) of the Social Security Contributions and Benefits Act 1992 (c. 4);
b
“Class 2 contributions” must be construed in accordance with section 1(2)(c) of that Act.
6
In this section in its application to Northern Ireland—
a
“self-employed earner” has the meaning given by section 2(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
b
“Class 2 contributions” must be construed in accordance with section 1(2)(c) of that Act.
I3319 Source of income
1
2
An assessment made by F7the National Crime Agency under section 29 of the Taxes Management Act 1970 (c. 9) (assessment where loss of tax discovered) in respect of income charged to tax under F1Chapter 8 of Part 5 of the Income Tax (Trading and Other Income) Act 2005 must not be reduced or quashed only because it does not specify (to any extent) the source of the income.
3
4
Subsections (2) and (3) apply in respect of years of assessment whenever occurring.
F3I4320 Appeals
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Pt. 6: power to repeal conferred (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 102; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)