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Paragraph 39

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A determination under paragraph 36 or 37 has effect for enforcement purposes as if it were a self-assessment by the company.

(2)

In sub-paragraph (1) “for enforcement purposes” means for the purposes of —

(a)

the following Parts of the M1Taxes Management Act 1970—

Part VA (payment),

Part VI (collection and recovery),

Part IX (interest on overdue tax), and

Part XI (miscellaneous and supplementary provisions);

(b)

the provisions of this Schedule imposing tax-related penalties; and

(c)

the provisions of the Corporation Tax Acts enabling unpaid tax assessed on a company to be assessed on other persons.

(3)

For those purposes the period for which the determination is made shall be treated as an accounting period of the company, even though—

(a)

in the case of a determination under paragraph 36, F1an officer of Revenue and Customs F2has insufficient information to determine the accounting periods of the company and exercises his power under sub-paragraph (3)(c) of that paragraph, or

(b)

in the case of a determination under paragraph 37, an officer of Revenue and Customs has insufficient information to determine whether the outstanding period is an accounting period.

Annotations

Textual amendments

F1

Words in Sch. 18 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 68(a); S.I. 2005/1126, art. 2(2)(h)

F2

Words in Sch. 18 substituted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 68(c); S.I. 2005/1126, art. 2(2)(h)

Marginal citations

M1

1970 c. 9.

Notes on Schedule 18

Modifications

C1

Sch. 18 restricted (31.7.1998) by 1988 c. 1, s. 754B(10) (as inserted (31.7.1998 with effect as mentioned in Sch. 17 para. 37 of 1998 c. 36) by 1998 c. 36, s. 113, Sch. 17 para. 11)

C2

Sch. 18 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 68(c); S.I. 2005/1126, art. 2(2)(h)

C3

Sch. 18 applied (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 61

C4

Sch. 18 applied (with modifications) (6.4.2006) by The Registered Pension Schemes (Accounting and Assessment) Regulations 2005 (S.I. 2005/3454), regs. 1, 13

C5

Sch. 18 excluded (17.7.2013) by Finance Act 2013 (c. 29), s. 210(6)(b)

C6

Sch. 18: power to amend conferred (12.2.2019) by Finance Act 2019 (c. 1), s. 87(5)(a)(6)

C7

Sch. 18 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(4) (with Sch. 16 para. 11(5))

C8

Sch. 18 applied (with modifications) (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 303(7)(8) (with s. 303(6))

Notes on Part V

Modifications

C1

Sch. 18 applied (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 61