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The Stamp Duty Reserve Tax Regulations 1986

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Statutory Instruments

1986 No. 1711

TAXES

The Stamp Duty Reserve Tax Regulations 1986

Made

2nd October 1986

Laid before the House of Commons

3rd October 1986

Coming into Operation

27th October 1986

The Treasury, in exercise of the powers conferred on them by section 98 of the Finance Act 1986, hereby make the following Regulations:—

Citation and commencementU.K.

1.  These Regulations may be cited as the Stamp Duty Reserve Tax Regulations 1986 and shall come into operation on 27th October 1986.

Commencement Information

I1Reg. 1 in force at 27.10.1986, see reg. 1

InterpretationU.K.

2.  In these Regulations unless the context otherwise requires—

“Act” means Part IV of the Finance Act 1986;

[F1“accountable date” means—

(a)

in relation to a relevant transaction—

(i)

in connection with which securities are transferred by means of a relevant system operated by the operator of that system, or

(ii)

which is reported by means of a relevant system to [F2the [F3Financial Conduct Authority]] or an exchange by the operator of that system in a case where the securities to which the transaction relates are not transferred by means of a relevant system, or

(iii)

which is reported, otherwise than by means of a relevant system, to an exchange, in a case where the securities to which the transaction relates are not transferred by means of a relevant system,

the date agreed between the Board and the operator or, if no such date is agreed, the date which is the fourteenth day following the date of the relevant transaction,

(b)

in relation to interest on overdue tax arising in connection with a relevant transaction which, by virtue of a party to that transaction being a participant in a relevant system, or a member of an exchange, could have been, but was not, reported to [F2the [F3Financial Conduct Authority]] or an exchange by means of that system, or to an exchange otherwise than by means of a relevant system, the date which is the fourteenth day following the date of the relevant transaction, F4... [F5and]

(c)

in relation to a relevant transaction to which neither paragraph (a) nor paragraph (b) applies, the date which is the seventh day of the month following the month in which the charge to tax occasioned by the relevant transaction is incurred , F6...

(d)

F7...]

“accountable person” means—

(a)

[F8in relation to a charge under section 87 of the Act (“section 87”) —

(i)

[F9if the person mentioned as B in section 87(1) is a member of an exchange, or if a member of an exchange is acting as an agent for B who is not such a member, that member, and failing that]

(ii)

[F9if the person mentioned as A in section 87(1) is a member of an exchange, or if a member of an exchange is acting as an agent for A who is not such a member, that member, and failing that]

(iii)

if the person mentioned as B in section 87(1) is a qualified dealer, or if a qualified dealer is acting as an agent for B who is not a qualified dealer, the qualified dealer, and failing that

(iv)

if the person mentioned as A in section 87(1) is a qualified dealer, or if a qualified dealer is acting as an agent for A who is not a qualified dealer, the qualified dealer, and failing that

(v)

the person mentioned as B in section 87(1),]

(b)

in relation to a charge under section 93(1) to (7) of the Act, the person mentioned in section 93(8) thereof:

Provided that if section 93(9) is applicable, then the accountable person means the person to whom the securities are transferred,

(c)

in relation to a charge under section 93(10) of the Act, the person liable to pay the instalment,

(d)

in relation to a charge under section 96(1) to (5) of the Act, the person mentioned in subsection (6) thereof:

Provided that if section 96(7) is applicable, then the accountable person means the person to whom the securities are transferred, F10... [F11and]

(e)

in relation to a charge under section 96(8) of the Act, the person liable to pay the instalment, F12...

(f)

F13...

(g)

F13...

F14...

“barrister” includes a member of the Faculty of Advocates;

[F15“the Board” means the Commissioners of Inland Revenue;]

[F16“carelessly” has the same meaning as in section 118(5) and (6) of the Taxes Management Act 1970;]

[F16“deliberately” has the same meaning as in section 118(7) of the Taxes Management Act 1970;]

[F17“EEA regulated market” means an EU regulated market within the meaning of Regulation (EU) No. 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments;]

[F15“exchange” means—

(a)

a recognised investment exchange within the meaning given by section [F18285(1)(a) of the Financial Services and Markets Act 2000], or

(b)

an EEA regulated market;]

F19...

F20...

F21...

[F22“HMRC” means Her Majesty’s Revenue and Customs;]

[F23“investment business” means business which consists of the carrying on of one or more of the activities specified in Articles 14, 21, 25, 37, 40, 45, 51 and 53 and, in so far as it applies to any of those Articles, Article 64 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;]

F19...

“notice” means notice in writing;

[F24“operator” means—

(a)

[F25an Operator for the purposes of regulation 3(1) of the Treasury Regulations operating a relevant system within the United Kingdom;]

(b)

subject to paragraph (c), where a relevant transaction is reported to an exchange otherwise than by means of a relevant system, the operator of that exchange or, if there is no such operator, that exchange;

(c)

where a relevant transaction is reported to more than one exchange otherwise than by means of a relevant system, the operator of the exchange of which the party who is the accountable person in relation to that transaction is a member or, if there is no such operator, that exchange;]

[F26“qualified dealer” means a person who, not being a [F27member of an exchange]—

(a)

[F28a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on investment business, or]

(c)

[F29is authorised under a legislative provision of the government of a territory outside the United Kingdom to carry on investment business, or

(d)

while not required to be authorised to do so, carries on investment business;]]

F30...

[F31“relevant system” has the meaning given by regulation 2(1) of the Treasury Regulations;]

“relevant transaction” means—

(a)

an agreement falling within section 87(1) of the Act,

(b)

a transfer, issue or appropriation falling within section 93(1)(b) of the Act, or

(c)

a transfer or issue falling within section 96(1)(b) of the Act,

and in respect of which there is a charge to tax;

F32...

F21...

F33...

“tax” means stamp duty reserve tax;

[F34“the Treasury Regulations” means the [F35Uncertificated Securities Regulations 2001];]

[F36“tribunal” has the same meaning as in the Taxes Management Act 1970;]

F37...

Textual Amendments

F1Words in reg. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(a)

F4Word in reg. 2 omitted (6.2.2000 with effect in relation to any surrender occurring on or after that day) by virtue of The Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 (S.I. 1999/3264), regs. 1(1), 3(2)(a) (with reg. 1(2))

F5Word in reg. 2 inserted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(a)(iii) (with reg. 1(2))

F6Word in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(a)(ii) (with reg. 1(2))

F7Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(a)(i) (with reg. 1(2))

F9Words in reg. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(b)

F10Word in reg. 2 omitted (6.2.2000 with effect in relation to any surrender occurring on or after that day) by virtue of The Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 (S.I. 1999/3264), regs. 1(1), 3(3)(a) (with reg. 1(2))

F11Word in reg. 2 inserted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(b)(iii) (with reg. 1(2))

F12Word in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(b)(ii) (with reg. 1(2))

F13Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(b)(i) (with reg. 1(2))

F14Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(c)(i)(ii) (with reg. 1(2))

F15Words in reg. 2 inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(c)

F19Words in reg. 2 omitted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by virtue of The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(d)

F24Words in reg. 2 inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(e)

F27Words in reg. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(f)(i)

F29Words in reg. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(f)(ii)

F31Words in reg. 2 inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(g)

F32Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(c)(iii) (with reg. 1(2))

F33Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(c)(iv) (with reg. 1(2))

F34Words in reg. 2 inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 3(h)

F37Words in reg. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(2)(c)(v)(vi) (with reg. 1(2))

Commencement Information

I2Reg. 2 in force at 27.10.1986, see reg. 1

F382A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F38Reg. 2A omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(3) (with reg. 1(2))

Due date for paymentU.K.

3.  Tax charged under the Act F39... shall be due and payable on the accountable date.

Textual Amendments

F39Words in reg. 3 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(4) (with reg. 1(2))

Commencement Information

I3Reg. 3 in force at 27.10.1986, see reg. 1

Notice of charge and paymentU.K.

4.—(1) [F40Subject to paragraph (3), an accountable person, except where] different arrangements are authorised in writing by the Board, shall on or before the accountable date—

(a)give notice of each charge to tax to the Board, and

(b)pay the tax due.

(2) A notice under this regulation shall be in such form as the Board may prescribe or authorise and shall contain such information as they may reasonably require for the purposes of the Act.

[F41(3) This regulation shall not apply where–

(a)the tax in question has been accounted for by the operator under regulation 4A, F42...

F43(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F40Words in reg. 4(1) substituted (6.2.2000 with effect in relation to any surrender occurring on or after that day) by The Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 (S.I. 1999/3264), regs. 1(1), 6(2) (with reg. 1(2))

F41Reg. 4(3) added (6.2.2000 with effect in relation to any surrender occurring on or after that day) by The Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 (S.I. 1999/3264), regs. 1(1), 6(3) (with reg. 1(2))

F42Word in reg. 4(3) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(5)(a) (with reg. 1(2))

F43Reg. 4(3)(b) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(5)(b) (with reg. 1(2))

Commencement Information

I4Reg. 4 in force at 27.10.1986, see reg. 1

[F444A.—(1) An operator, except where different arrangements are authorised in writing by the Board, shall on or before the accountable date—U.K.

(a)give notice to the Board of each charge to tax arising—

(i)in respect of a relevant transaction in connection with which securities are transferred by means of a relevant system operated by him, or

(ii)in respect of a relevant transaction that is reported to [F45the [F46Financial Conduct Authority]] or an exchange by means of a relevant system operated by him, or

(iii)in respect of a relevant transaction that is reported otherwise than by means of a relevant system to an exchange in relation to which he is the operator, or (as the case may be) which itself is the operator, in a case where the securities to which the transaction relates are not transferred by means of a relevant system, and

(b)pay the tax due.

(2) A notice under this regulation shall be in such form as the Board may prescribe or authorise and shall contain such information as they may reasonably require for the purposes of the Act.

(3) The Board may, by notification in writing to an operator, impose such requirements, conditions or procedures as they consider necessary for the purposes of these Regulations.]

Textual Amendments

F44Reg. 4A inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 5

F474B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F47Reg. 4B omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(6) (with reg. 1(2))

Power to require informationU.K.

F485.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of determinationU.K.

6.—(1) Where it appears to the Board that a relevant transaction F49... has taken place or where a claim is made to the Board in connection with a relevant transaction F49..., the Board may give notice to any person who appears to them in relation to that transaction F49... to be the accountable person [F50or, having regard to regulation 4A(1), the operator], or the person liable for any of the tax charged or to the claimant, stating that they have determined the matters specified in the notice.

(2) If it appears to the Board that any such matter specified in a notice of determination is, or may be, material as respects any liability under the Act of two or more persons, they may give notice of the determination to each of those persons.

(3) Any matter that appears to the Board to be relevant for the purposes of the Act may be determined and specified in a notice under this regulation.

(4) A determination for the purposes of a notice under this regulation of any fact relating to a relevant transaction F51...—

(a)shall, if that fact has been stated in a notice under regulation [F524 or 4A] and the Board are satisfied that the notice is correct, be made by the Board in accordance with that notice, but

(b)may, in any other case, be made by the Board to the best of their judgment.

(5) A notice under this regulation shall state the time within which and the manner in which an appeal against any determination in it may be made.

(6) Subject to any variation by agreement in writing or on appeal, a determination in a notice under this regulation shall be conclusive for the purposes of the Act F53... against a person on whom the notice is served.

Textual Amendments

F49Words in reg. 6(1) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(7)(a) (with reg. 1(2))

F50Words in reg. 6(1) inserted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 6(a)

F51Words in reg. 6(4) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(7)(b) (with reg. 1(2))

F52Words in reg. 6(4)(a) substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(7)(c) (with reg. 1(2))

F53Words in reg. 6(6) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(7)(d) (with reg. 1(2))

Commencement Information

I5Reg. 6 in force at 27.10.1986, see reg. 1

Relief from accountabilityU.K.

7.  [F54If on a claim–

(a)in relation to a charge under section 87 of the Act, an accountable person or an operator, other than a person liable under section 91 of the Act F55...

F56(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

proves to the Board's satisfaction that he has taken without success all reasonable steps, both before and after the date of the agreement, to recover from the person liable tax for which he is accountable under regulation [F574 or 4A], he shall be relieved of his liability to account for and pay that tax and any interest on that tax.

Textual Amendments

F54Words in reg. 7 substituted (6.2.2000 with effect in relation to any surrender occurring on or after that day) by The Stamp Duty Reserve Tax (Amendment No. 2) Regulations 1999 (S.I. 1999/3264), regs. 1(1), 9(a) (with reg. 1(2))

F55Word in reg. 7(a) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(8)(a) (with reg. 1(2))

F56Reg. 7(b) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(8)(b) (with reg. 1(2))

F57Words in reg. 7 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(8)(c) (with reg. 1(2))

Commencement Information

I6Reg. 7 in force at 27.10.1986, see reg. 1

Appeals against determinationU.K.

8.—(1) A person on whom a notice under regulation 6 has been served may, within 30 days of the date of the notice, appeal against any determination specified in it by notice given to the Board and specifying the grounds of appeal.

[F58(2) Sections 49D, 49G and 49H of the Taxes Management Act 1970 provide for notification of the appeal to the tribunal.]

(3) Where—

(a)it is so agreed between the appellant and the Board, or

(b)the High Court, on an application made by the appellant, is satisfied that the matters to be decided on the appeal are likely to be substantially confined to questions of law and gives leave for that purpose,

the appeal may be [F59notified] to the High Court.

[F60(4) An appeal on any question as to the value of land in the United Kingdom may be [F61notified] to the appropriate F62... tribunal.

[F63(4ZA) The appeal may be notified under subsections (3) or (4) only if it could be notified to the tribunal under section 49D, 49G or 49H of the Taxes Management Act 1970.]

[F64(4A) If and so far as the question in dispute on any appeal under this section which has been notified to the tribunal or the High Court is a question as to the value of land in the United Kingdom, the question shall be determined on a reference to the appropriate F62... tribunal.]

(4B) In this regulation “the [F65appropriate] tribunal” means—

(a)where the land is in England or Wales, the [F66Upper Tribunal];

(b)where the land is in Scotland, the Lands Tribunal for Scotland;

(c)where the land is in Northern Ireland, the Lands Tribunal for Northern Ireland.]

F67(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68[F69(4D)] [F70On an appeal that is notified to the tribunal, the tribunal shall] confirm the determination appealed against unless F71... satisfied that the determination ought to be varied or quashed.]

(5) In the application of this regulation to Scotland, for references to the High Court there shall be substituted references to the Court of Session.

Textual Amendments

F68Reg. 8(4A)(4B) inserted (1.9.1994) by virtue of The General and Special Commissioners (Amendment of Enactments) Regulations 1994 (S.I. 1994/1813), reg. 1(1), Sch. 1 para. 28 (with reg. 1(1)(a)(b)) (note that these paragraphs were subsequently renumbered)

F69Reg. 8(4A)(4B) renumbered as reg. 8(4C)(4D) (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 8

Commencement Information

I7Reg. 8 in force at 27.10.1986, see reg. 1

[F72Late notice of appealU.K.

9.—(1) This regulation applies in a case where—

(a)notice of appeal may be given to HMRC under regulation 8, but

(b)no notice is given before the relevant time limit.

(2) Notice may be given after the relevant time limit if—

(a)HMRC agree, or

(b)where HMRC do not agree, the tribunal gives permission.

(3) If the following conditions are met, HMRC shall agree to notice being given after the relevant time limit.

(4) Condition A is that the appellant has made a request in writing to HMRC to agree to the notice being given.

(5) Condition B is that HMRC are satisfied that there was reasonable excuse for not giving the notice before the relevant time limit.

(6) Condition C is that HMRC are satisfied that the request under paragraph (4) was made without unreasonable delay after the reasonable excuse ceased.

(7) If a request of the kind referred to in paragraph (4) is made, HMRC must notify the appellant whether or not HMRC agree to the appellant giving notice of appeal after the relevant time limit.

(8) In this regulation “relevant time limit”, in relation to notice of appeal, means the time before which the notice is to be given (but for this regulation).]

Textual Amendments

Appeals from the Special CommissionersU.K.

F7310.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interest on overpaid taxU.K.

11.—(1) Where tax repaid under regulation 14 is not less than £25 it shall be repaid with interest on it at the rate which is the [F74rate applicable under section 178 of the Finance Act 1989] for the purposes of section 92(2) of the Act(1) from the time it was paid.

(2) Interest paid under this regulation shall not constitute income for the purposes of income tax or corporation tax.

Textual Amendments

Commencement Information

I8Reg. 11 in force at 27.10.1986, see reg. 1

Recovery of taxU.K.

12.—(1) The Board shall not exercise any remedy or take any proceedings for the recovery of any amount of tax which is due from any person unless the amount has been agreed in writing between that person and the Board or has been determined and specified in a notice under regulation 6.

(2) Where an amount has been so determined and specified, but an appeal to which this paragraph applies is pending against the determination, the Board shall not exercise any remedy or take any legal proceedings to recover the amount determined except such part of it as may be agreed in writing or determined and specified in a further notice under regulation 6 to be a part not in dispute.

(3) Paragraph (2) applies to any appeal under regulation 8 but not to any further appeal; and regulation 8 shall have effect, in relation to a determination made in pursuance of paragraph (2) of this regulation, as if [F75paragraphs (4) [F76and (4A)]] of that regulation were omitted.

Textual Amendments

F76Words in reg. 12(3) substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(9) (with reg. 1(2))

Commencement Information

I9Reg. 12 in force at 27.10.1986, see reg. 1

UnderpaymentsU.K.

13.—(1) Subject to paragraphs (2) and (3), where too little tax has been paid in respect of a relevant transaction F77... the tax underpaid shall be payable with interest, whether or not the amount that has been paid was that stated as payable in a notice under regulation [F784 or 4A].

(2) Where tax charged under the Act F79... is paid in accordance with a notice given to the Board under regulation [F804 or 4A] and the payment is made and accepted in full satisfaction of the tax so charged, no additional amount of tax shall be determined and specified in a notice under regulation 6 after the end of the [F81period of 4] years beginning with the later of—

(a)the date on which the payment was made and accepted, and

(b)the relevant accountable date;

and, subject to [F82paragraphs (2A) and (3)], at the end of that period any liability for the additional tax shall be extinguished.

[F83(2A) In any case of an underpayment of tax brought about carelessly by or on behalf of any person the period mentioned in paragraph (2) shall be the period of 6 years beginning with the date specified under paragraph (2).]

[F84(3) In any case of an underpayment of tax brought about deliberately by or on behalf of any person the period mentioned in paragraph (2) shall be the period of 20 years beginning with the date specified under paragraph (2).

(4) Paragraph (5) applies to any case not falling within paragraph (2) where too little tax has been paid in respect of a relevant transaction or surrender provided that the case does not involve a loss of tax brought about deliberately by a person liable for the tax (or a person acting on behalf of such a person).

(5) Where this paragraph applies—

(a)no proceedings are to be brought for the recovery of the tax after the end of the period of 20 years beginning with the date on which the relevant transaction or surrender was made; and

(b)at the end of that period any liability for the tax is extinguished.]

Textual Amendments

F77Words in reg. 13(1) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(10)(a)(i) (with reg. 1(2))

F78Words in reg. 13(1) substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(10)(a)(ii) (with reg. 1(2))

F79Words in reg. 13(2) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(10)(b)(i) (with reg. 1(2))

F80Words in reg. 13(2) substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(10)(b)(ii) (with reg. 1(2))

Commencement Information

I10Reg. 13 in force at 27.10.1986, see reg. 1

OverpaymentsU.K.

14.—(1) If on a claim it is proved to the Board's satisfaction that too much tax has been paid in respect of any relevant transaction F85... the excess (and any interest paid thereon) shall be repaid by the Board.

(2) A claim under this regulation shall be made within a period of [F864] years beginning with the later of—

(a)the date on which the payment was made, and

(b)the relevant accountable date.

Textual Amendments

F85Words in reg. 14(1) omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(11) (with reg. 1(2))

Commencement Information

I11Reg. 14 in force at 27.10.1986, see reg. 1

Inspection of recordsU.K.

F8715.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

EvidenceU.K.

16.—(1) For the purposes of the preceding provisions of these Regulations, a notice under regulation 6 specifying any determination which can no longer be varied or quashed on appeal shall be sufficient evidence of the matters specified.

(2) In any proceedings for the recovery of tax or interest on tax, a certificate by an officer of the Board—

(a)that the tax or interest is due, or

(b)that, to the best of his knowledge and belief, it has not been paid,

shall be sufficient evidence that the sum mentioned in the certificate is due or, as the case may be, unpaid; and a document purporting to be such a certificate shall be deemed to be such a certificate unless the contrary is proved.

Commencement Information

I12Reg. 16 in force at 27.10.1986, see reg. 1

Determination of questions on previous view of the lawU.K.

17.  Where any payment has been made and accepted in satisfaction of any liability for tax and on a view of the law then generally received or adopted in practice, any question whether too little or too much has been paid or what was the right amount of tax payable shall be determined on the same view, notwithstanding that it appears from a subsequent legal decision or otherwise that the view was or may have been wrong.

Commencement Information

I13Reg. 17 in force at 27.10.1986, see reg. 1

Recovery of over-repayment of tax, etcU.K.

18.—(1) Where an amount of tax has been repaid, or interest has been paid, to any person which ought not to have been repaid or paid to him, that amount may be determined and recovered as if it were tax due from him.

(2) Subject to paragraph (3) [F88and (3A)] a determination under this regulation may be made before the expiration of [F894] years from the date on which the amount was repaid or paid.

[F90(3) In any case where a repayment is brought about carelessly the period mentioned in paragraph (2) shall be 6 years from the date specified in paragraph (2).

(3A) In any case where a repayment is brought about deliberately the period mentioned in paragraph (2) shall be 20 years from the date specified in paragraph (2). ]

(4) In this regulation an amount repaid or paid includes an amount allowed by way of set off.

Textual Amendments

Commencement Information

I14Reg. 18 in force at 27.10.1986, see reg. 1

Service of documentsU.K.

19.  A notice or other document which is to be served on or given to a person under these Regulations may be delivered to him or left at his usual or last known place of residence or served by post, addressed to him at his usual or last known place of residence or place of business or employment.

Commencement Information

I15Reg. 19 in force at 27.10.1986, see reg. 1

Taxes Management Act 1970: provisions to applyU.K.

20.—(1) The provisions of the Taxes Management Act 1970(2) specified in the first column of the Table in Part I of the Schedule to these Regulations shall apply in relation to the tax as they apply in relation to a tax within the meaning of that Act subject to any modification specified in the second column of that Table.

(2) Any expression to which a meaning is given by the Act or in these Regulations and which is used in a provision of the Taxes Management Act 1970 as applied by this regulation shall in that provision, as so applied, have the same meaning as in the Act or these Regulations.

(3) The provisions of the Taxes Management Act 1970 specified in F91... Part I of the Schedule (as modified where appropriate) are restated as so modified and applied in Part II of the Schedule.

Textual Amendments

Commencement Information

I16Reg. 20 in force at 27.10.1986, see reg. 1

Inland Revenue Regulation Act 1890: provisions not to applyU.K.

21.  Sections 21, 22 and 35 of the Inland Revenue Regulation Act 1890 (proceedings for fines, etc) shall not apply in relation to stamp duty reserve tax.

Commencement Information

I17Reg. 21 in force at 27.10.1986, see reg. 1

Nigel Lawson

Michael Neubert

Two of the Lords Commissioners of Her Majesty's Treasury

2nd October 1986

Regulation 20

SCHEDULEU.K.

PART IU.K.TABLE

Commencement Information

I18Sch. Pt. 1 in force at 27.10.1986, see reg. 1

Provision appliedModifications
Section 23(1)—
(2)For the words “five shillings” substitute “25 pence”.
(3)For the word ““security”” substitute ““securities””; and for the words “includes shares, stock, debentures and debenture stock” substitute “means chargeable securities”.
25(1)For the words “chargeable gains an inspector” substitute “relevant transactions the Board”; and omit the words “in writing”.
(2)—
(3)—
(4)[F92For the words “stock exchange in the United Kingdom, other than a market maker,” substitute “recognised investment exchange or a market of the kind described in [F93paragraph 36(2) of Part III of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001] (“EEA regulated market”)”.]
(5)For the words “a stock exchange in the United Kingdom” substitute [F94“a recognised investment exchange or an EEA regulated market”]; and omit the words “after 5th April 1968 and”.
(8)—
(9)For the words ““company”” to the end substitute ““shares or securities” means chargeable securities and “company” shall be construed accordingly”.
26(1)For the words “chargeable gains” substitute “relevant transactions”; omit the words “in writing”; and omit the words “or an inspector”.
(2)For the words “include” to the end substitute “are references to chargeable securities”.
F95...F95...
[F9647C —
49A(1) to (3)—
49B—]
[F9749C in subsection (4) from “is to be treated” to the end substitute “is to be treated as conclusive for the purposes of Part IV of the Finance Act 1986 F98... against a person on whom the notice is served.” and omit subsection (5)]
[F9949D and 49E —]
[F10049F in subsection (2) from “are to be treated” to the end substitute “are to be treated as conclusive for the purposes of Part IV of the Finance Act 1986 F98... against a person on whom the notice is served” and omit subsection (3)]
[F10149G, 49H, 49I —]
F102...F102...
F102...F102...
F102...F102...
F103...F103...
F103...F103...
F103...F103...
F103...F103...
[F10460— ]
61—
[F10563(1) —
(2) —
63A(1) —
(2) —]
[F10665(1) For paragraphs (a) and (b) there shall be substituted “the amount of any tax for the time being due and payable is less than £1,000,”. ]
(4)—
[F10766(1) For the words “any assessment” substitute “the Act”. ]
(2)—
(2A)—
(3)—
(4)—
67(1)Omit the words “under any assessment”.
(2)—
68—
69For the words “Part IX of this” substitute “the”; omit the words “charged and”; and omit the words “under the assessment” to the end.
71(2)For the words “chargeable to” substitute “accountable or liable for”; omit the word “income”; for the words “Income Tax Acts” substitute “Act”; and omit the words “for the purpose of the assessment of the body”.
(3)Omit the word “income”; for the words “charged on the body” substitute “for which the body is accountable or liable”; and for the words “Income Tax Acts” substitute “Act”.
F108...F108...
F108...F108...
74(1)For the words “chargeable to income” substitute “accountable or liable for”; and for the words “chargeable on such deceased person” substitute “for which such deceased person is accountable or liable”.
(2)—
78(1)Omit the words from the beginning to “(Schedule A etc.)”; omit the words “whether a British subject or not”; for the words “assessable and chargeable to income” substitute “accountable or liable for”; omit the words from “whether the branch” to “or gains or not”; for the words “assessed and charged” substitute “accountable or liable”; and omit the words from “and in the actual receipt” to the end.
83(1)For the words “in whose name” substitute “who is accountable or liable in respect of”; omit the words “is chargeable”; for the words “Income Tax Acts” substitute “Act”; and for the words “of assessment and payment of income tax” substitute “thereof”.
(2)For the words “has been charged” substitute “is accountable or liable”; for the words “Income Tax Acts” in both places in which they occur substitute “Act”; and for the word “charged” substitute “for which he is accountable or liable”.
[F109 86(1) For the words “The following” to “section 55 or 59B of this Act,” substitute “Tax which becomes due and payable”; and for the words “the relevant date” substitute “1st October 1999 or the accountable date, whichever is the later,”.
(3) For the word “relevant” substitute “accountable”. ]
F110...F110...
F111...F111...
90—
[F11293(1) For the words “where” to “with the notice” substitute “where any person (the taxpayer) fails to give a notice which he is required to give under regulation [F1134 or 4A] of the Stamp Duty Reserve Tax Regulations 1986”.
(2) —
F103...F103...
(5) For the words “to (4)” substitute “and (3)”; and for the words from “if” to the end substitute “if the failure by the taxpayer to give the notice continues after the end of a period of one year beginning on the last day on which the notice should have been given, he shall be liable to a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice”.
(6) —]
[F11495(1) In paragraph (a) for the word “delivers” substitute “gives”; and for the words from “return” to “Act)” substitute “notice under regulation [F1134 or 4A] of the Stamp Duty Reserve Tax Regulations 1986”; in paragraph (b) omit the word “return,”; for the words “in connection with” substitute “in, or in connection with,”; omit the words “for any allowance, deduction or relief”; and for the words “income tax or capital gains” substitute “stamp duty reserve”; omit paragraph (c) and the word “or” immediately preceding it. ]
(2)In paragraph (a) for the words “income tax and capital gains” substitute “stamp duty reserve”; omit the words “for” to “assessment”; and omit the words “including” to “repayable”; in paragraph (b) for the word “return” substitute “notice”; after the word “statement” insert “or”; omit the words “or accounts”; after the word “as” insert “given or”; and omit the words “or submitted”.
97(1)For the word “return” in both places in which it occurs substitute “notice”; after the word “statement” in both places in which it occurs insert “or”; omit the words “or accounts” in both places in which they occur; for the words “sections 95 and 96” substitute “section 95”; for the words “made or submitted” in both places in which they occur substitute “given or made”; and for the words “those sections” substitute “that section”.
[F11598(1) Omit the words “Subject to the provisions of this section and section 98A below,”.
(2) Omit the words “Subject to section 98A below”.
(3) —
(4) —
Table Omit the provisions specified in the first and second columns of the Table and the words at the end of the Table and insert the following provisions—
Section 23 of this Act;The Stamp Duty Reserve Tax Regulations 1986 (other than [F116regulations [F1174 and 4A]]) .
Section 25(1), (2), (3), (4), (5), (8) and (9) of this Act;[F118The Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999]
Section 26 of this Act;
F119. . .
The Stamp Duty Reserve Tax Regulations 1986.]
[F12099 For the words “preparation or delivery” substitute “giving”; for the words “information, return, accounts or other document” substitute “notice under regulation [F1134 or 4A] F121... of the Stamp Duty Reserve Tax Regulations 1986 [F122or Schedule 36 to the Finance Act 2008]”; and omit paragraph (a).]
[F123100(1) Before the word “Commissioners” insert “Special”; and for the words “the Taxes Acts” substitute “this Act”.
(2) In paragraph (a) for the words “section 93(1) above” onwards substitute “section 93(1)(a) above, or”; omit paragraph (b); in paragraph (c) for the words “section 98(1) above” onwards substitute “section 98(1)(i) above”; omit paragraphs (d) and (e).
(3) —
(4) —
(5) —
100A(1) —
(2) —
(3) Omit the words “in an assessment”.
100B(1) For the words from “this Act” onwards substitute “the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal against such a determination as they have effect in relation to appeals against regulation 6 determinations”.
(2) Omit the words “section 50(6) to (8) of this Act shall not apply but”; and before the word “Commissioners” in both places where it occurs insert “Special”.
(3) F124...
[F125100C —]
100D— ]
101For the word “assessment” substitute “notice under regulation 6 of The Stamp Duty Reserve Tax Regulations 1986”; after the word “varied” insert “or quashed”; F126...; and for the word “that” to the end substitute “of the matters specified”.
102—
[F127103(1) Omit the words “Subject to subsection (2) below” and the words “for any period” F128...
(3) —
F129...F129...]
104For the words “the Taxes Acts” substitute “this Act”; and for the word “misdemeanour” substitute “offence”.
105—
108(1)For the words “Taxes Acts” in both places in which they occur substitute “Act”; and omit the words “This subsection” to the end.
(2)For the words from the beginning to “on” substitute “Tax for which”; and after the word “Charter” insert “is accountable or liable”.
(3)—
F130...F130...
114(1)For the words “[F131An assessment or determination]” substitute “A notice of determination”; for the words “Taxes Acts” in both places in which they occur substitute “Act”; omit the words “or property charged or”; and the words “charged or”.
(2)For the words “[F131An assessment or determination]” substitute “A notice of determination”; in paragraph (a)(i) omit the word “liable”; in paragraph (a)(ii) for the words “the description of any profits or property” substitute “any matter specified therein”; and omit the word “or”; omit paragraph (a)(iii); omit paragraph (b).
118(1)

Omit the following expressions and the words which occur after them:

“the Board”

“chargeable gain”

“chargeable period”

“inspector”

“return”

“tax”

“the Taxes Acts”

“trade”; and

in the words which occur after the expression “neglect” for the words “Taxes Act” substitute “Act”.

(2)[F132After] the word “deemed” in the second place in which it occurs insert “not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed”.

Textual Amendments

F92Words in Sch. Pt. 1 Table substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 11(2)

F94Words in Sch. Pt. 1 Table substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 11(3)

F98Words in Sch. Pt. 1 Table omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(12)(a)

F112Words in Sch. Pt. 1 Table substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 11(4)

F113Words in Sch. Pt. 1 Table substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(12)(b) (with reg. 1(2))

F114Words in Sch. Pt. 1 Table substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 11(5)

F116Words in Sch. Pt. 1 Table substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 11(6)

F117Words in Sch. Pt. 1 Table substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(12)(c) (with reg. 1(2))

PART IIU.K.TAXES MANAGEMENT ACT 1970

Commencement Information

I19Sch. Pt. 2 in force at 27.10.1986, see reg. 1

“PART IIIU.K.OTHER RETURNS AND INFORMATION

Power to obtain copies of registers of securitiesU.K.

23.—(1) The Board may cause to be served upon any body corporate a notice requiring them to deliver to the Board within a specified time, being not less than twenty-one days, a copy, certified by a duly authorised officer of such body, of the whole of, or any specified class of entries in, any register containing the names of the holders of any securities issued by them.

(2) On delivery of the copy in accordance with the notice payment shall be made therefor at the rate of 25 pence in respect of each one hundred entries.

(3) In this section “securities” means chargeable securities, and “entry” means, in relation to any register, so much thereof as relates to the securities held by any one person.

Issuing houses, stockbrokers, etcU.K.

25.—(1) For the purpose of obtaining particulars of relevant transations the Board may by notice require a return under any of the provisions of this section.

(2) An issuing house or other person carrying on a business of effecting public issues of shares or securities in any company, or placings of shares or securities in any company, either on behalf of the company, or on behalf of holders of blocks of shares or securities which have not previously been the subject of a public issue or placing, may be required to make a return of all such public issues or placings effected by that person in the course of the business in the period specified in the notice requiring the return, giving particulars of the persons to or with whom the shares or securities are issued, allotted or placed, and the number or amount of the shares or securities so obtained by them respectively.

(3) A person not carrying on such a business may be required to make a return as regards any such public issue or placing effected by that person and specified in the notice, giving particulars of the persons to or with whom the shares or securities are issued, allotted, or placed and the number or amount of the shares or securities so obtained by them respectively.

[F133(4)  A member of a recognised investment exchange or a market of the kind described in [F134paragraph 36(2) of Part III of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001] (“EEA regulated market”) may be required to make a return giving particulars of any transactions effected by him in the course of his business in the period specified in the notice requiring the return and giving particulars of—

(a)the parties to the transactions,

(b)the number or amount of the shares or securities dealt with in the respective transactions, and

(c)the amount or value of the consideration.]

[F133(5)  A person (other than a member of a recognised investment exchange or an EEA regulated market) who acts as an agent or broker in the United Kingdom in transactions in shares or securities may be required to make a return giving particulars of any such transactions effected by him in the period specified in the notice, and giving particulars of—

(a)the parties to the transactions,

(b)the number or amount of the shares or securities dealt with in the respective transactions, and

(c)the amount or value of the consideration.]

(8) No person shall be required under this section to include in a return particulars of any transaction effected more than three years before the service of the notice requiring him to make the return.

(9) In this section “shares or securities” means chargeable securities and “company” shall be construed accordingly.

Textual Amendments

F133Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(2)

(5) A person (other than a member of a recognised investment exchange or an EEA regulated market) who acts as an agent or broker in the United Kingdom in transactions in shares or securities may be required to make a return giving particulars of any such transactions effected by him in the period specified in the notice, and giving particulars of—

(a)the parties to the transactions,

(b)the number or amount of the shares or securities dealt with in the respective transactions, and

(c)the amount or value of the consideration.

Nominee shareholdersU.K.

26.—(1) If, for the purpose of obtaining particulars of relevant transactions, any person in whose name any shares of a company are registered is so required by notice by the Board, he shall state whether or not he is the beneficial owner of those shares and, if not the beneficial owner of those shares or any of them, shall furnish the name and address of the person or persons on whose behalf the shares are registered in his name.

(2) In this section references to shares are references to chargeable securities.

PART VU.K.APPEAL AND OTHER PROCEEDINGS

[F135Meaning of tribunalU.K.

47C  In this Act “tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

Textual Amendments

Appeal: HMRC review or determination by tribunalU.K.

49A—(1) This section applies if notice of appeal has been given to HMRC.

(2) In such a case—

(a)the appellant may notify HMRC that the appellant requires HMRC to review the matter in question (see section 49B),

(b)HMRC may notify the appellant of an offer to review the matter in question (see section 49C), or

(c)the appellant may notify the appeal to the tribunal (see section 49D).

(3) See sections 49G and 49H for provision about notifying appeals to the tribunal after a review has been required by the appellant or offered by HMRC.

Textual Amendments

Appellant requires review by HMRCU.K.

49B—(1) Subsections (2) and (3) apply if the appellant notifies HMRC that the appellant requires HMRC to review the matter in question.

(2) HMRC must, within the relevant period, notify the appellant of HMRC’s view of the matter in question.

(3) HMRC must review the matter in question in accordance with section 49E.

(4) The appellant may not notify HMRC that the appellant requires HMRC to review the matter in question and HMRC shall not be required to conduct a review if—

(a)the appellant has already given a notification under this section in relation to the matter in question,

(b)HMRC have given a notification under section 49C in relation to the matter in question, or

(c)the appellant has notified the appeal to the tribunal under section 49D.

(5) In this section “relevant period” means—

(a)the period of 30 days beginning with the day on which HMRC receive the notification from the appellant, or

(b)such longer period as is reasonable.

Textual Amendments

HMRC offer reviewU.K.

49C—(1) Subsections (2) to (6) apply if HMRC notify the appellant of an offer to review the matter in question.

(2) When HMRC notify the appellant of the offer, HMRC must also notify the appellant of HMRC’s view of the matter in question.

(3) If, within the acceptance period, the appellant notifies HMRC of acceptance of the offer, HMRC must review the matter in question in accordance with section 49E.

(4) If the appellant does not give HMRC such a notification within the acceptance period HMRC’s view of the matter in question is to be treated as conclusive for the purposes of Part IV of the Finance Act 1986 F136... against a person on whom the notice is served.

(6) Subsection (4) does not apply to the matter in question if, or to the extent that, the appellant notifies the appeal to the tribunal under section 49H.

(7) HMRC may not notify the appellant of an offer to review the matter in question (and, accordingly, HMRC shall not be required to conduct a review) if—

(a)HMRC have already given a notification under this section in relation to the matter in question,

(b)the appellant has given a notification under section 49B in relation to the matter in question, or

(c)the appellant has notified the appeal to the tribunal under section 49D.

(8) In this section “acceptance period” means the period of 30 days beginning with the date of the document by which HMRC notify the appellant of the offer to review the matter in question.

Textual Amendments

F136Words in Sch. Pt. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(a) (with reg. 1(2))

Notifying appeal to the tribunalU.K.

49D—(1) This section applies if notice of appeal has been given to HMRC.

(2) The appellant may notify the appeal to the tribunal.

(3) If the appellant notifies the appeal to the tribunal, the tribunal is to decide the matter in question.

(4) Subsections (2) and (3) do not apply in a case where—

(a)HMRC have given a notification of their view of the matter in question under section 49B, or

(b)HMRC have given a notification under section 49C in relation to the matter in question.

(5) In a case falling within subsection (4)(a) or (b), the appellant may notify the appeal to the tribunal, but only if permitted to do so by section 49G or 49H.

Textual Amendments

Nature of review etcU.K.

49E—(1) This section applies if HMRC are required by section 49B or 49C to review the matter in question.

(2) The nature and extent of the review are to be such as appear appropriate to HMRC in the circumstances.

(3) For the purpose of subsection (2), HMRC must, in particular, have regard to steps taken before the beginning of the review—

(a)by HMRC in deciding the matter in question, and

(b)by any person in seeking to resolve disagreement about the matter in question.

(4) The review must take account of any representations made by the appellant at a stage which gives HMRC a reasonable opportunity to consider them.

(5) The review may conclude that HMRC’s view of the matter in question is to be—

(a)upheld,

(b)varied, or

(c)cancelled.

(6) HMRC must notify the appellant of the conclusions of the review and their reasoning within—

(a)the period of 45 days beginning with the relevant day, or

(b)such other period as may be agreed.

(7) In subsection (6) “relevant day” means—

(a)in a case where the appellant required the review, the day when HMRC notified the appellant of HMRC’s view of the matter in question,

(b)in a case where HMRC offered the review, the day when HMRC received notification of the appellant’s acceptance of the offer.

(8) Where HMRC are required to undertake a review but do not give notice of the conclusions within the time period specified in subsection (6), the conclusion of the review is deemed to be that HMRC’s view of the matter in question (see sections 49B(2) and 49C(2)) is upheld.

(9) If subsection (8) applies, HMRC must notify the appellant of the conclusion which the review is treated as having reached.

Textual Amendments

Effect of conclusions of reviewU.K.

49F—(1) This section applies if HMRC give notice of the conclusions of a review (see section 49E(6) and (9)).

(2) The conclusions are to be treated as conclusive for the purposes of Part IV of the Finance Act 1986 F136... against a person on whom the notice is served.

(4) Subsection (2) does not apply to the matter in question if, or to the extent that, the appellant notifies the appeal to the tribunal under section 49G.

Textual Amendments

F136Words in Sch. Pt. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(a) (with reg. 1(2))

Notifying appeal to tribunal after review concludedU.K.

49G—(1) This section applies if—

(a)HMRC have given notice of the conclusions of a review in accordance with section 49E, or

(b)the period specified in section 49E(6) has ended and HMRC have not given notice of the conclusions of the review.

(2) The appellant may notify the appeal to the tribunal within the post-review period.

(3) If the post-review period has ended, the appellant may notify the appeal to the tribunal only if the tribunal gives permission.

(4) If the appellant notifies the appeal to the tribunal, the tribunal is to determine the matter in question.

(5) In this section “post-review period” means—

(a)in a case falling within subsection (1)(a) the period of 30 days beginning with the date of the document in which HMRC give notice of the conclusions of the review in accordance with section 49E(6), or

(b)in a case falling within subsection (1)(b), the period that—

(i)begins with the day following the last day of the period specified in section 49E(6), and

(ii)ends 30 days after the date of the document in which HMRC give notice of the conclusions of the review in accordance with section 49E(9).

Textual Amendments

Notifying appeal to tribunal after review offered but not acceptedU.K.

49H—(1) This section applies if—

(a)HMRC have offered to review the matter in question (see section 49C), and

(b)the appellant has not accepted the offer.

(2) The appellant may notify the appeal to the tribunal within the acceptance period.

(3) But if the acceptance period has ended, the appellant may notify the appeal to the tribunal only if the tribunal gives permission.

(4) If the appellant notifies the appeal to the tribunal, the tribunal is to determine the matter in question.

(5) In this section “acceptance period” has the same meaning as in section 49C.

Textual Amendments

Interpretation of sections 49A to 49HU.K.

49I—(1) In sections 49A to 49H—

(a)“matter in question” means the matter to which an appeal relates;

(b)a reference to a notification is a reference to a notification in writing.

(2) In sections 49A to 49H a reference to the appellant includes a person acting on behalf of the appellant except in relation to—

(a)notification of HMRC’s view under section 49B(2);

(b)notification by HMRC of an offer of review (and of their view of the matter) under section 49C;

(c)notification of the conclusions of a review under section 49E(6); and

(d)notification of the deemed conclusions of a review under section 49E(9).

(3) But if a notification falling within any of the paragraphs of subsection (2) is given to the appellant, a copy of the notification may also be given to a person acting on behalf of the appellant.]

Textual Amendments

PART VIU.K.COLLECTION AND RECOVERY

Distraint and poindingU.K.
[F137Issue of demand notes and receipts.U.K.

60.—(1) Every collector shall, when the tax becomes due and payable, make demand of the respective sums given to him in charge to collect, from the persons charged therewith, or at the places of their last abode, or on the premises in respect of which the tax is charged, as the case may require.

(2) On payment of the tax, the collector shall if requested give a receipt.]

Textual Amendments

Distraint by collectorsU.K.

61.—(1) If a person neglects or refuses to pay the sum charged, upon demand made by the collector, the collector shall, for non-payment thereof, distrain upon the lands, tenements and premises in respect of which the tax is charged, or distrain the person charged by his goods and chattels, and all such other goods and chattels as the collector is hereby authorised to distrain.

(2) For the purpose of levying any such distress, a collector may, after obtaining a warrant for the purpose signed by the General Commissioners, break open, in the daytime, any house or premises, calling to his assistance any constable.

Every such constable shall, when so required, aid and assist the collector in the execution of the warrant and in levying the distress in the house or premises.

(3) A levy or warrant to break open shall be executed by, or under the direction of, and in the presence of, the collector.

(4) A distress levied by the collector shall be kept for five days, at the costs and charges of a person neglecting or refusing to pay.

(5) If the person aforesaid does not pay the sum due, together with the costs and charges within the said five days, the distress shall be appraised by two or more inhabitants of the parish in which the distress is taken, or by other sufficient persons, and shall be sold by public auction by the collector for payment of the sum due and all costs and charges.

The costs and charges of taking, keeping, and selling the distress shall be retained by the collector, and any overplus coming by the distress, after the deduction of the costs and charges and of the sum due, shall be restored to the owner of the goods distrained.

[F138Recovery of tax in ScotlandU.K.

63.—(1) Subject to subsection (3) below, in Scotland, where any tax is due and has not been paid, the sheriff, on an application by the collector accompanied by a certificate by the collector—

(a)stating that none of the persons specified in the application has paid the tax due by him;

(b)stating that the collector has demanded payment under section 60 of this Act from each such person of the amount due by him;

(c)stating that 14 days have elapsed since the date of such demand without payment of the said amount; and

(d)specifying the amount due and unpaid by each such person,

shall grant a summary warrant in a form prescribed by Act of Sederunt authorising the recovery, by any of the diligences mentioned in subsection (2) below, of the amount remaining due and unpaid.

(2) The diligences referred to in subsection (1) above are—

(a)a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987;

(b)an earnings arrestment;

(c)an arrestment and action of furthcoming or sale.]

Textual Amendments

[F139Sheriff officer’s fees and outlays.U.K.

63A.—(1) Subject to subsection (2) below and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987 (expenses of poinding and sale), the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant shall be chargeable against the debtor.

(2) No fee shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the collector for, sums paid to him by the debtor in respect of the amount owing.]

Textual Amendments

Court proceedingsU.K.
Magistrates' CourtsU.K.

65.—[F140(1) Where the amount of any tax for the time being due and payable is less than £1,000, the tax shall, without prejudice to any other remedy, be recoverable summarily as a civil debt by proceedings commenced in the name of a collector.]

(4) It is hereby declared that in subsection (1) above the expression “recoverable summarily as a civil debt” in respect of proceedings in Northern Ireland means recoverable in proceedings under Article 62 of the Magistrates' Courts (Northern Ireland) Order 1981.

Textual Amendments

County courtsU.K.

66.—[F141(1) Tax due and payable under the Act may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, without prejudice to any other remedy, be sued for and recovered from the person charged therewith as a debt due to the Crown by proceedings in a county court commenced in the name of a collector.]

(2) An officer of the Board who is authorised by the Board to do so may address the court in any proceedings under this section in a county court in England and Wales.

F142(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F143(3)  In this section as it applies in Northern Ireland the expression “county court” shall mean a county court held for a division under the County Courts (Northern Ireland) Order 1980.]

(4) Sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this section, and Part III of the County Courts (Northern Ireland) Order 1980 (general civil jurisdiction) shall apply for the purposes of this section in Northern Ireland.

Textual Amendments

Inferior courts in ScotlandU.K.

67.—(1) In Scotland, where the amount of tax for the time being due and payable does not exceed the sum for the time being specified in section 35(1)(a) of the Sheriff Courts (Scotland) Act 1971 the tax may, without prejudice to any other remedy, be sued for and recovered from the person charged therewith as a debt due to the Crown by proceedings commenced in the name of a collector in the sheriff court.

(2) Sections 65 and 66 above shall not apply in Scotland.

High Court, etcU.K.

68.—(1) Any tax may be sued for and recovered from the person charged therewith in the High Court as a debt due to the Crown, or by any other means whereby any debt of record or otherwise due to the Crown can, or may at any time, be sued for and recovered, as well as by the other means specially provided by this Act for levying the tax.

(2) All matters within the jurisdiction of the High Court under this section shall be assigned in Scotland to the Court of Session sitting as the Court of Exchequer.

SupplementalU.K.
Interest on taxU.K.

69.  Interest charged under the Act shall be treated for the purposes—

(a)of sections 61, 63 and 65 to 68 above, and

(b)of section 35(2)(g)(i) of the Crown Proceedings Act 1947 (rules of court to impose restrictions on set-off and counterclaim where the proceedings or set-off or counterclaim relate to taxes) and of any rules of court (including county court rules) for England and Wales or Northern Ireland, which impose such a restriction, and

(c)of section 35(2)(b) of the said Act of 1947 as set out in section 50 of that Act (which imposes corresponding restrictions in Scotland),

as if it were tax due and payable.

PART VIIU.K.PERSONS CHARGEABLE IN A REPRESENTATIVE CAPACITY, ETC

Bodies of personsU.K.

71.—(2) Subject to section 108 of this Act, the chamberlain or other officer acting as treasurer, auditor or receiver for the time being of any body of persons accountable or liable for tax shall be answerable for doing all such acts as are required to be done under the Act and for payment of the tax.

(3) Every such officer as aforesaid may from time to time retain, out of any money coming into his hands on behalf of the body, so much thereof as is sufficient to pay the tax for which the body is accountable or liable, and shall be indemnified for all such payments made in pursuance of the Act.

Trustees, guardians, etc., of incapacitated personsU.K.

F14472.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Further provision as to infantsU.K.

F14473.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Personal representativesU.K.

74.—(1) If a person accountable or liable for tax dies, the executor or administrator of the person deceased shall be liable for the tax for which such deceased person is accountable or liable, and may deduct any payments made under this section out of the assets and effects of the person deceased.

(2) On neglect or refusal of payment, any person liable under this section may be proceeded against in like manner as any other defaulter.

PART VIIIU.K.CHARGES ON NON-RESIDENTS

Method of charging non-residentsU.K.

78.—(1) A person not resident in the United Kingdom shall be accountable or liable for tax in the name of any such trustee, guardian, tutor, curator or committee as is mentioned in section 72 of this Act, or of any branch or agent, in like manner and to the like amount as such non-resident person would be accountable or liable if he were resident in the United Kingdom.

Responsibilities and indemnification of persons in whose name a non-resident person is chargeableU.K.

83.—(1) A person who is accountable or liable in respect of a non-resident person shall be answerable for all matters required to be done under the Act for the purpose thereof.

(2) A person who is accountable or liable under the Act in respect of any non-resident person as aforesaid may retain, out of money coming into his hands on behalf of any such person, so much thereof from time to time as is sufficient to pay the tax for which he is accountable or liable, and shall be indemnified for all such payments made in pursuance of the Act.

PART IXU.K.INTEREST ON OVERDUE TAX

[F145Interest on overdue taxU.K.

86.—(1) Tax which becomes due and payable shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from 1 October 1999 or the accountable date, whichever is the later, until payment.

(3) Subsection (1) above applies even if the accountable date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.]

Textual Amendments

The prescribed rate of interestU.K.

F14689.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disallowance of relief for interest on taxU.K.

90.  Interest payable under this Part of this Act shall be paid without any deduction of income tax and shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.

PART XU.K.PENALTIES, ETC

[F147Failure to give notice for stamp duty reserve tax.U.K.

93.—(1) This section applies where any person (the taxpayer) fails to give a notice which he is required to give under regulation [F1484 or 4A] of the Stamp Duty Reserve Tax Regulations 1986.

(2) The taxpayer shall be liable to a penalty which shall be £100.

F149(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Without prejudice to any penalties under subsections (2) and (3) above, if the failure by the taxpayer to give the notice continues after the end of a period of one year beginning on the last day on which the notice should have been given, he shall be liable to a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice.

(6) No penalty shall be imposed under subsection (3) above in respect of a failure at any time after the failure has been remedied.]

Textual Amendments

F147Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(3)

F148Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(b) (with reg. 1(2))

Incorrect notice, etc. for stamp duty reserve taxU.K.

95.—[F150(1) Where a person fraudulently or negligently—

(a)gives any incorrect notice under regulation [F1484 or 4A] of the Stamp Duty Reserve Tax Regulations 1986, or

(b)makes any incorrect statement or declaration in, or in connection with, any claim in respect of stamp duty reserve tax,

he shall be liable to a penalty not exceeding the amount of the difference specified in subsection (2) below.]

(2) The difference is that between—

(a)the amount of stamp duty reserve tax payable by the said person, and

(b)the amount which would have been the amount so payable if the notice, statement or declaration as given or made by him had been correct.

Textual Amendments

F148Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(b) (with reg. 1(2))

F150Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(4)

Incorrect notice; supplementalU.K.

97.—(1) Where any such notice, statement or declaration as are mentioned in section 95 above were given or made by any person neither fraudulently nor negligently and it comes to his notice (or, if he has died, to the notice of his personal representatives) that they were incorrect, then, unless the error is remedied without unreasonable delay, the notice, statement or declaration shall be treated for the purposes of that section as having been negligently given or made by him.

Special returns, etc.U.K.

[F15198.—( 1) Where any person—

(a)has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or

(b)fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,

he shall be liable, subject to subsections (3) and (4) below—

(i)to a penalty not exceeding £300, and

(ii)if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

(2) Where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding £3,000.

(3) No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.

(4) No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.

[F152TABLE
12
Section 23 of this Act;The Stamp Duty Reserve Tax Regulations 1986 (other than [F153regulations [F1544 and 4A]]) .
Section 25(1), (2), (3), (4), (5), (8) and (9) of this Act;[F155The Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999]
Section 26 of this Act;
The Stamp Duty Reserve Tax Regulations 1986.]]

Textual Amendments

F153Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(5)

F154Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(c) (with reg. 1(2))

[F156Assessing in giving incorrect notice etc.U.K.

99.   Any person who assists in or induces the giving of any notice under regulation [F1484 or 4A] F157... of the Stamp Duty Reserve Tax Regulations 1986 [F158or Schedule 36 to the Finance Act 2008] which he knows to be incorrect shall be liable to a penalty not exceeding £3,000.]

Textual Amendments

F148Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(b) (with reg. 1(2))

[F159Determination of penalties by officer of Board.U.K.

100.—(1) Subject to subsection (2) below and except where proceedings for a penalty have been instituted under section 100D below or a penalty has been imposed by the Special Commissioners under section 53 of this Act, an officer of the Board authorised by the Board for the purposes of this section may make a determination imposing a penalty under any provision of this Act and setting it at such amount as, in his opinion, is correct or appropriate.

(2) Subsection (1) above does not apply where the penalty is a penalty under—

(a)section 93(1)(a) above, or

(c)section 98(1)(i) above.

(3) Notice of a determination of a penalty under this section shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within which an appeal against the determination may be made.

(4) After the notice of a determination under this section has been served the determination shall not be altered except in accordance with this section or on appeal.

(5) If it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount of a penalty determined under this section is or has become insufficient the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.]

Textual Amendments

[F159Provisions supplementary to section 100.U.K.

100A.—(1) Where a person who has incurred a penalty has died, a determination under section 100 above which could have been made in relation to him may be made in relation to his personal representatives, and any penalty imposed on personal representatives by virtue of this subsection shall be a debt due from and payable out of his estate.

(2) A penalty determined under section 100 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of determination.

(3) A penalty determined under section 100 above shall for all purposes be treated as if it were tax charged and due and payable.]

Textual Amendments

[F159Appeals against penalty determination.U.K.

100B.—(1) An appeal may be brought against the determination of a penalty under section 100 above and, subject to the following provisions of this section, the provisions of the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal against such a determination as they have effect in relation to appeals against regulation 6 determinations.

(2) On an appeal against the determination of a penalty under section 100 above—

(a)in the case of a penalty which is required to be of a particular amount, the [F160First-tier Tribunal] may—

(i)if it appears F161... that no penalty has been incurred, set the determination aside,

(ii)if the amount determined appears F161... to be correct, confirm the determination, or

(iii)if the amount determined appears F161... to be incorrect, increase or reduce it to the correct amount,

(b)in the case of any other penalty, the [F160First-tier Tribunal] may—

(i)if it appears F161... that no penalty has been incurred, set the determination aside,

(ii)if the amount determined appears F161... to be appropriate, confirm the determination,

(iii)if the amount determined appears F161... to be excessive, reduce it to such other amount (including nil) [F162as it considers] appropriate, or

(iv)if the amount determined appears F161... to be insufficient, increase it to such amount not exceeding the permitted maximum [F162as it considers] appropriate.

[F163(3) In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which had been determined under subsection (2), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.]

(3A) Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (3) as it applies to the right of appeal under section 11(2) of that Act.

(3B) On an appeal under this section the Upper Tribunal has the same powers as are conferred on the First-tier Tribunal by virtue of this section.]

Textual Amendments

[F159Penalty proceedings before [F164First-tier Tribunal].U.K.

100C.—(1) An officer of the Board authorised by the Board for the purposes of this section may commence proceedings before the [F165First-tier Tribunal] for any penalty to which subsection (1) of section 100 above does not apply by virtue of subsection (2) of that section.

[F166(2) The person liable to the penalty shall be a party to the proceedings.]

(3) Any penalty determined by the [F167First-tier Tribunal] in proceedings under this section shall for all purposes be treated as if it were tax charged and due and payable.

[F168(4) In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which had been determined under subsection (1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.

(4A) section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (4) as it applies to the right of appeal under section 11(2) of that Act.]

(5) On any such appeal the [F169Upper Tribunal] may—

(a)if it appears that no penalty has been incurred, set the determination aside,

(b)if the amount determined appears to be appropriate, confirm the determination,

(c)if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the [F169Upper Tribunal] considers appropriate, or

(d)if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the [F169Upper Tribunal] considers appropriate.]

Textual Amendments

[F159Penalty proceedings before court.U.K.

100D.—(1) Where in the opinion of the Board the liability of any person for a penalty arises by reason of the fraud of that or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of the Exchequer in Scotland.

(2) Proceedings under this section which are not instituted (in England, Wales or Northern Ireland) under the Crown Proceedings Act 1947 by and in the name of the Board as an authorised department for the purposes of that Act shall be instituted—

(a)in England and Wales, in the name of the Attorney General,

(b)in Scotland, in the name of the Lord Advocate, and

(c)in Northern Ireland, in the name of the Attorney General for Northern Ireland.

(3) Any proceedings under this section instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part II of the Crown Proceedings Act 1947 and any such proceedings instituted in Northern Ireland shall be deemed to be civil proceedings within the meaning of that Part of that Act as for the time being in force in Northern Ireland.

(4) If in proceedings under this section the court does not find that fraud is proved but consider that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.]

Textual Amendments

Evidence for purposes of preceding provisions of Part XU.K.

101.  For the purposes of the preceding provisions of this Part of this Act, any notice under regulation 6 of The Stamp Duty Reserve Tax Regulations 1986 which can no longer be varied or quashed by [F170a tribunal on an appeal notified to it] or by order of any court shall be sufficient evidence of the matters specified.

Textual Amendments

Mitigation of penaltiesU.K.

102.  The Board may in their discretion mitigate any penalty, or stay or compound any proceedings for recovery thereof, and may also, after judgment, further mitigate or entirely remit the penalty.

[F171Time limits for penalties.U.K.

103.—(1) Where the amount of a penalty is to be ascertained by reference to tax payable by a person, the penalty may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the [F172tribunal] or a court—

(a)at any time within six years after the date on which the penalty was incurred, or

(b)at any later time within three years after the final determination of the amount of tax by reference to which the amount of the penalty is to be ascertained.

(3) A penalty under section 99 of this Act may be determined by an officer of the Board, or proceedings for such a penalty may be commenced before a court, at any time within twenty years after the date on which the penalty was incurred.

(4) A penalty to which neither subsection (1) nor subsection (3) above applies may be so determined, or proceedings for such a penalty may be commenced before the [F172tribunal] or a court, at any time within six years after the date on which the penalty was incurred or began to be incurred.]

Textual Amendments

Saving for criminal proceedingsU.K.

104.  The provisions of this Act shall not, save so far as is otherwise provided, affect any criminal proceedings for any offence.

Evidence in cases of fraud or wilful defaultU.K.

105.—(1) Statements made or documents produced by or on behalf of a person shall not be inadmissable in any such proceedings as are mentioned in subsection (2) below by reason only that it has been drawn to his attention that—

(a)in relation to tax, the Board may accept pecuniary settlements instead of instituting proceedings, and

(b)though no undertaking can be given as to whether or not the Board will accept such a settlement in the case of any particular person, it is the practice of the Board to be influenced by the fact that a person has made a full confession of any fraud or default to which he had been a party and has given full facilities for investigation,

and that he was or may have been induced thereby to make the statements or produce the documents.

(2) The proceedings mentioned in subsection (1) above are—

(a)any criminal proceedings against the person in question for any form of fraud or wilful default in connection with or in relation to tax, and

(b)any proceedings against him for the recovery of any sum due from him, whether by way of tax or penalty, in connection with or in relation to tax.

PART XIU.K.MISCELLANEOUS AND SUPPLEMENTAL

CompaniesU.K.
Responsibility of company officersU.K.

108.—(1) Everything to be done by a company under the Act shall be done by the company acting through the proper officer of the company, and service on a company of any document under or in pursuance of the Act may be effected by serving it on the proper officer.

(2) Tax for which a company which is not a body corporate, or which is a body corporate not incorporated under [F173any] enactment forming part of the law of the United Kingdom, or by Charter, is accountable or liable, may, at any time after the tax becomes due, and without prejudice to any other method of recovery, be recovered from the proper officer of the company, and that officer may retain out of any money coming into his hands on behalf of the company sufficient sums to pay that tax, and, so far as he is not so reimbursed, shall be entitled to be indemnified by the company in respect of the liability so imposed on him.

(3) For the purposes of this section—

(a)the proper officer of a company which is a body corporate shall be the secretary or person acting as secretary of the company, except that if a liquidator has been appointed for the company the liquidator shall be the proper officer,

(b)the proper officer of a company which is not a body corporate or for which there is no proper officer within paragraph (a) above, shall be the treasurer or the person acting as treasurer, of the company.

Textual Amendments

ValuationU.K.
Valuation of assets: power to inspectU.K.

F174111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DocumentsU.K.
Want of form or errors not to invalidate notice of determination, etcU.K.

114.—(1) A notice of determination, warrant or other proceeding which purports to be made in pursuance of any provision of the Act shall not be quashed, or deemed to be void or voidable, for want of form, or be affected by reason of a mistake, defect or omission therein, if the same is in substance and effect in conformity with or according to the intent and meaning of the Act, and if the person intended to be affected thereby is designated therein according to common intent and understanding.

(2) A notice of determination shall not be impeached or affected—

(a)by reason of a mistake therein as to—

(i)the name or surname of a person, or

(ii)any matter specified therein.

InterpretationU.K.
InterpretationU.K.

118.—(1) In this Act, unless the context otherwise requires—

“Act” includes an Act of the Parliament of Northern Ireland and “enactment” shall be construed accordingly,

“body of persons” means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate,

“branch or agency” means any factorship, agency, receivership, branch or management, and “branch or agent” shall be construed accordingly,

“collector” means any collector of taxes,

“company” has the meaning given by section 526(5) of the principal Act (with section 354 of that Act),

[F175“HMRC” means “Her Majesty’s Revenue and Customs;]

F176...

“neglect” means negligence or a failure to give any notice, make any return or to produce or furnish any document or other information required by or under the Act,

“the principal Act” means the Income and Corporation Taxes Act 1970;

[F175“the TCEA 2007” means the Tribunals, Courts and Enforcement Act 2007;]

[F175tribunal” is to be read in accordance with section 47C].

(2) For the purposes of this Act, a person shall be deemed not to have failed to to do anything required to be done within a limited time if he did it within such further time, if any, as the Board or the [F177tribunal] or officer concerned may have allowed; and where a person had a reasonable excuse for not doing anything required to be done he shall be deemed not to have failed to do it unless the excuse ceased and, after the excuse ceased, he shall be deemed not to have failed to do it if he did it without unreasonable delay after the excuse had ceased.”

Textual Amendments

Textual Amendments

F133Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(2)

F136Words in Sch. Pt. 2 omitted (with effect in relation to any surrender made or effected on or after 30.3.2014) by virtue of The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(a) (with reg. 1(2))

F147Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(3)

F148Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(b) (with reg. 1(2))

F150Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(4)

F153Words in Sch. Pt. 2 substituted (20.10.1997 with respect to any relevant transaction entered into on or after that date) by The Stamp Duty Reserve Tax (Amendment) Regulations 1997 (S.I. 1997/2430), regs. 1, 12(5)

F154Words in Sch. Pt. 2 substituted (with effect in relation to any surrender made or effected on or after 30.3.2014) by The Stamp Duty Reserve Tax (Finance Act 1999, Schedule 19) (Consequential Amendments) Regulations 2014 (S.I. 2014/1932), regs. 1(1), 2(13)(c) (with reg. 1(2))

EXPLANATORY NOTE

These Regulations provide for the management of stamp duty reserve tax imposed by Part IV of the Finance Act 1986.

Regulation 1 gives the title and commencement date and Regulation 2defines terms used.

Regulation 3 provides the date by which tax must be paid.

Regulation 4 provides for the giving of notice of charge to the Inland Revenue and for the payment of tax.

Regulation 5 enables the Inland Revenue to obtain information.

Regulation 6 enables the Inland Revenue to determine matters specified in a notice of determination.

Regulation 7 enables certain persons to claim to be relieved of liability to pay tax.

Regulations 8–10 provide for the giving of notices of appeal and late appeals.

Regulation 11 provides that interest shall be paid on overpaid tax that is repaid.

Regulation 12 provides for the recovery of tax and Regulation 13 makes provision in respect of underpayments of tax.

Regulation 14 provides for the repayment of tax overpaid together with any interest paid on such tax.

Regulation 15 provides that certain records shall be made available for inspection by the Inland Revenue.

Regulation 16 provides that certain certificates shall be admissible in evidence.

Regulation 17 provides that tax liability shall remain unaltered notwithstanding a subsequent legal decision or changed view of the law.

Regulation 18 provides for the recovery of over repayments of tax and overpayments of interest.

Regulation 19 provides for the service of documents.

Regulation 20 applies the provisions of Taxes Management Act 1970 specified in the first column of the Table in Part I of the Schedule to the Regulations, with the modifications specified in the second column of that Table. Those provisions, as modified where appropriate, are set out in Part II of the Schedule.

Regulation 21 disapplies certain provisions of the Inland Revenue Regulation Act 1890.

(1)

With effect from 27th October 1986 8.5 per cent. per annum (S.I. 1986/1710).

(2)

Relevant amendments were made to section 53 by section 129(1) of the Finance Act 1972 (c.41); to section 65 by section 57(1) of the Finance Act 1984 (c.43); to section 66 by section 148(1) of, and paragraph 36 of Schedule 2 to, the County Courts Act 1984 (c.28), by section 57(2) of the Finance Act 1984 and by Article 68(2) of, and Part II of Schedule 1 to, the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)); to section 67 by section 58(1) of, and Part III of Schedule 15 to, the Finance Act 1976 (c.40). Section 86 was substituted by section 46(1) of the Finance (No. 2) Act 1975 (c.45) and section 100(9) was amended by section 40 of, and paragraph 4(1) of Schedule 5 to, the Northern Ireland Constitution Act 1973 (c.36).

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