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

• Citation: S.I. 2009/2035
• Sections: 62

Section 1 Citation and commencement

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

Section 2 Consequential amendments

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 (information and inspection powers) and Schedule 47 to the Finance Act 2009 (amendment of information and inspection powers).

Section 1 Taxes Management Act 1970

The Taxes Management Act 1970 is amended as follows.

Section 2 Taxes Management Act 1970

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

Section 3 Taxes Management Act 1970

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

Section 4 Taxes Management Act 1970

In section 12B(1) (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)”.

Section 5 Taxes Management Act 1970

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

Section 6 Taxes Management Act 1970

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

Section 7 Taxes Management Act 1970

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)”.

Section 8 Taxes Management Act 1970

(1) In section 98 (special returns etc ), the Table is amended as follows.

(2) In the first column—

(a) for the entry relating to section 217 of the Income and Corporation Taxes Act 1988 substitute “section 217(4);”;

(b) “section 226(4)”;

(c) for the entry relating to section 250(6) and (7) of that Act substitute “section 250(6)”;

(d) for the entry relating to paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 substitute “paragraphs 3 and 4 of Schedule 12 to the Finance Act 1989”.

(3) In the first column, omit the entries relating to—

(a) sections 76ZE(5) , 246H , 272(7), 700(4), 708, 728, 755, 774(5) and 815 of the Income and Corporation Taxes Act 1988;

(b) paragraph 6 of Schedule 9 to that Act;

(c) paragraph 14(5) of Schedule 15 to that Act;

(d) paragraph 4 of Schedule 22 to that Act;

(e) section 32 of the Finance Act 1973 ;

(f) paragraph 15(1) of Schedule 14 to the Finance Act 1984 ;

(g) paragraph 6(1) of Schedule 22 to the Finance Act 1985 ;

(h) regulations under section 57 of the Finance Act 1989;

(i) regulations under section 33 of the Finance Act 1991 ;

(j) sections 79(6), 169G(2) and 235 of the Taxation of Chargeable Gains Act 1992 ;

(k) paragraph 14 of Schedule 4ZA to that Act;

(l) paragraph 10 of Schedule 5 to that Act;

(m) regulations under section 589 of the Income Tax (Earnings and Pensions) Act 2003 ;

(n) sections 75(5), 128 and 305 of the Income Tax (Trading and Other Income) Act 2005 ;

(o) section 271(2) of the Income Tax Act 2007 ;

(p) regulations under section 330(5) of that Act;

(q) sections 703, 788 and 862 of that Act;

(r) paragraph 155(5) of Schedule 2 to that Act;

(s) sections 75(5), 126, 245 and 966(1) of the Corporation Tax Act 2009 .

(4) In the second column, omit the entries relating to—

(a) paragraph 2 of Schedule 22 to the Income and Corporation Taxes Act 1988;

(b) paragraph 15(3) of Schedule 14 to the Finance Act 1984;

(c) regulations under section 57 of the Finance Act 1989;

(d) regulations under section 33 of the Finance Act 1991.

Section 9 Taxes Management Act 1970

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

(a) in paragraph (b), at the end insert “and”, and

(b) omit paragraph (c) (and the “and” before it).

Section 10 Finance Act 1973

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

Section 11 Income and Corporation Taxes Act 1988

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

Section 12 Income and Corporation Taxes Act 1988

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

Section 13 Income and Corporation Taxes Act 1988

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

Section 14 Income and Corporation Taxes Act 1988

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

Section 15 Income and Corporation Taxes Act 1988

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

Section 16 Income and Corporation Taxes Act 1988

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

Section 17 Income and Corporation Taxes Act 1988

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

Section 18 Income and Corporation Taxes Act 1988

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

Section 19 Income and Corporation Taxes Act 1988

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

Section 20 Income and Corporation Taxes Act 1988

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

Section 21 Income and Corporation Taxes Act 1988

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

Section 22 Income and Corporation Taxes Act 1988

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

Section 23 Income and Corporation Taxes Act 1988

Omit section 815 (power to inspect documents).

Section 24 Income and Corporation Taxes Act 1988

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

Section 25 Finance Act 1989

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

Section 26 Finance Act 1990

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

Section 27 Social Security Administration Act 1992

In section 110ZA of the Social Security Administration Act 1992 (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”.

Section 28 Social Security Administration (Northern Ireland) Act 1992

In section 104ZA of the Social Security Administration (Northern Ireland) Act 1992 (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”.

Section 29 Taxation of Chargeable Gains Act 1992

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

Section 30 Taxation of Chargeable Gains Act 1992

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

(a) after “section” insert “and”, and

(b) omit “and section 169G”.

Section 31 Taxation of Chargeable Gains Act 1992

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

Section 32 Taxation of Chargeable Gains Act 1992

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

Section 33 Taxation of Chargeable Gains Act 1992

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).

Section 34 Taxation of Chargeable Gains Act 1992

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

Section 35 Taxation of Chargeable Gains Act 1992

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

Section 36 Finance Act 1998

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

Section 37 Finance Act 1998

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

Section 38 Finance Act 1998

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)”.

Section 39 Finance Act 2002

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

Section 40 Income Tax (Earnings and Pensions) Act 2003

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

(a) in sub-paragraph (1)(c), omit “and (7)”, and

(b) in sub-paragraph (2), for “and (7) apply as if section 588(6)” substitute “applies as if it”.

Section 41 Income Tax (Trading and Other Income) Act 2005

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

Section 42 Income Tax (Trading and Other Income) Act 2005

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

Section 43 Income Tax (Trading and Other Income) Act 2005

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

Section 44 Income Tax (Trading and Other Income) Act 2005

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

Section 45 Income Tax (Trading and Other Income) Act 2005

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”.

Section 46 Income Tax Act 2007

The Income Tax Act 2007 is amended as follows.

Section 47 Income Tax Act 2007

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

Section 48 Income Tax Act 2007

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