The Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009

 This Order may be cited as the Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 and comes into force on 13th August 2009.

 The Schedule to this Order contains amendments and repeals of enactments in consequence of, or otherwise in connection with, Schedule 36 to the Finance Act 2008^f1 (information and inspection powers) and Schedule 47 to the Finance Act 2009 (amendment of information and inspection powers).

 The Taxes Management Act 1970^f1 is amended as follows.

 Omit section 12 (return to include information about chargeable gains).

 Omit section 12AA(7)(b)^f1 (particulars to be included in partnership return) (and the “and” before it).

 In section 12B(1)^f1 (records to be kept for purposes of returns), omit the words “(or under any of those sections as extended by section 12 of this Act)”.

 Omit section 22 (power to obtain additional particulars for “surtax”).

 Omit section 28 (power to obtain information about non-resident companies from shareholders).

 In section 93(1)(a) (failure to make return), omit the words “(or either of those sections as extended by section 12 of this Act)”.

In Schedule 1A^f1 (claims not made in returns), in paragraph 2(5)—

Omit section 32 of the Finance Act 1973^f1 (power to obtain information as to arrangements for transferring relief etc).

The Income and Corporation Taxes Act 1988^f1 is amended as follows.

Omit section 76ZE(5) and (6)^f1 (power to obtain information in connection with retraining or re-employment with life assurance companies).

Omit section 217(1) to (3) (power to obtain information about distributions on demerger).

Omit section 226(3) (power to obtain information about purchases of own shares by unquoted trading company).

In section 234(9) (power to obtain information relating to distributions), for “2 to” substitute “3 and”.

Omit section 250(7) (power to obtain information about certain share capital).

Omit section 272(7) (power to obtain information about life policies).

Omit section 700(4) (power to obtain information from personal representative).

Omit section 708 (power to obtain information from companies liable to counteraction of corporation tax advantage).

Omit section 728 (power to obtain information about accrued income profits).

Omit section 754(2B) and (2C)^f1 (power to obtain information for purpose of determining basis of apportionment of controlled foreign company’s chargeable profits).

Omit section 774(5) (power to obtain information in relation to transactions between dealing company and associated company).

Omit section 815 (power to inspect documents).

In Schedule 15 (qualifying policies), omit paragraph 14(5) (power to obtain information about connected policies).

In Schedule 12 to the Finance Act 1989^f1, omit paragraph 2 (power to obtain information from close companies).

In section 125 of the Finance Act 1990^f1 (information for tax authorities in other member States), omit subsections (3), (4) and (6).

In section 110ZA of the Social Security Administration Act 1992^f1 (Class 1, 1A, 1B or 2 contributions: power to call for documents etc), in subsection (2)(d), for “35(4)(b), 36 and 37(2)” substitute “35(4A)(c), 36, 37(2), 37A and 37B”.

In section 104ZA of the Social Security Administration (Northern Ireland) Act 1992^f1 (Class 1, 1A, 1B or 2 contributions: power to call for documents etc), in subsection (2)(d), for “35(4)(b), 36 and 37(2)” substitute “35(4A)(c), 36, 37(2), 37A and 37B”.

The Taxation of Chargeable Gains Act 1992^f1 is amended as follows.

In section 169E(1) (meaning of “settlor”)—

Omit section 169G(2) to (5) (power to obtain information about gifts to settlor-interested settlements etc).

Omit section 235 (power to obtain information from trustees of employee share ownership trust).

In Schedule 1 (application of exempt amount etc in cases involving settled property), omit paragraphs 1(7) and 2(9) (powers to obtain information from party to settlement).

In Schedule 4ZA (sub-fund settlements), omit paragraphs 14 to 16 (power to obtain information).

In Schedule 5 (attribution of gains to settlors with interest in non-resident or dual resident settlement), omit paragraph 10 (power to obtain information).

Schedule 18 to the Finance Act 1998^f1 (company tax returns) is amended as follows.

Omit paragraph 13 (return to include information about chargeable gains).

In paragraph 77A(8) (claims in respect of overseas losses of non-resident companies), for “paragraph 27 (notice to produce documents etc for purposes of an enquiry)” substitute “paragraph 1 of Schedule 36 to the Finance Act 2008 (notice to taxpayer to produce documents etc)”.

In Schedule 18 to the Finance Act 2002^f1 (relief for community amateur sports clubs), omit paragraph 12 (power to obtain information etc).

In paragraph 37 of Schedule 7 to the Income Tax (Earnings and Pensions) Act 2003^f1 (transitionals: retraining courses)—

The Income Tax (Trading and Other Income) Act 2005^f1 is amended as follows.

Omit section 75(5) (power to obtain information from employers about retraining courses).

Omit section 128 (power to obtain information in connection with herd basis election).

Omit section 305 (power to obtain information about effective duration of lease).

In Schedule 2 (transitionals and savings), in paragraph 71(1) (lease premiums: rules for determining effective duration of lease granted before 13 June 1969), for “to 305”substitute “and 304”.

The Income Tax Act 2007^f1 is amended as follows.

Omit section 271(2) and (3) (power to obtain information about withdrawal or reduction of VCT relief).

Omit section 330(5) (power to make regulations for obtaining information about certain company reorganisations).

Omit section 703 (power to obtain information from persons liable to counteraction of income tax advantage).

Omit section 788 (power to obtain information relating to sales of occupation income).

Omit section 862 (power to inspect declarations made by deposit-taker or building society).

In Schedule 2 (transitionals and savings), omit paragraph 155(5) (power to obtain information from trustee of settlement).

In paragraph 2 of Schedule 11 to the Finance Act 2007^f1 (technical provisions made by general insurers: enforcement), for sub-paragraphs (7) and (8) substitute—

“(7)

 The following provisions of Schedule 36 to FA 2008 (information and inspection powers) apply in relation to a notice under sub-paragraph (2) as they apply in relation to a taxpayer notice under that Schedule—

(a)

paragraphs 29 and 32 (right to appeal), and

(b)

Part 7 (penalties).”

The Corporation Tax Act 2009^f1 is amended as follows.

Omit section 75(5) and (6) (power to obtain information about retraining courses).

Omit section 126 (power to obtain information in connection with herd basis election).

Omit section 245 (power to obtain information about effective duration of lease).

Omit section 966 (power to obtain information from personal representatives and beneficiaries).

In Schedule 2 (transitionals and savings)—

In consequence of the amendments made by this Schedule, omit—

(This note is not part of the Order)