Section 8A: Trustee's return., Taxes Management Act 1970

For the purpose of establishing the amounts in which the relevant trustees of a settlement, and the settlors and beneficiaries, are chargeable to income tax and capital gains tax for a year of assessment, and the amount payable by him by way of income tax for that year, an officer of the Board may by a notice given to any relevant trustee require the trustee—

to make and deliver to the officer ... , a return containing such information as may reasonably be required in pursuance of the notice, and

to deliver with the return such accounts, statements and documents, relating to information contained in the return, as may reasonably be so required;

and a notice may be given to any one trustee or separate notices may be given to each trustee or to such trustees as the officer thinks fit.

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For the purposes of subsection (1) above—

the amounts in which a person is chargeable to income tax and capital gains tax are net amounts, that is to say, amounts which take into account any relief or allowance a claim for which is included in the return; and

the amount payable by a person by way of income tax is the difference between the amount in which he is chargeable to income tax and the aggregate amount of any income tax deducted at source ...

A return under this section for a year of assessment (Year 1) must be delivered—

in the case of a non-electronic return, on or before 31st October in Year 2, and

in the case of an electronic return, on or before 31st January in Year 2.

But subsection (1B) is subject to the following two exceptions.

Exception 1 is that if a notice in respect of Year 1 is given after 31st July in Year 2 (but on or before 31st October), a return must be delivered—

during the period of 3 months beginning with the date of the notice (for a non-electronic return), or

on or before 31st January (for an electronic return).

Exception 2 is that if a notice in respect of Year 1 is given after 31st October in Year 2, a return (whether electronic or not) must be delivered during the period of 3 months beginning with the date of the notice.

The Commissioners—

shall prescribe what constitutes an electronic return, and

may make different provision for different cases or circumstances.

Where a person is required to make and deliver a return under this section, the person may be required by an officer of His Majesty's Revenue and Customs to include in the return any information that is specified or described in regulations made by the Commissioners (whether or not the information is relevant for the purpose mentioned in subsection (1)).

The Commissioners may only specify or describe information in regulations under subsection (1G) if the Commissioners consider that the information is relevant for the purpose of the collection and management of any of the taxes listed in section 1.

A person who fails to comply with a requirement imposed on them by virtue of subsection (1G) is liable to a penalty of £60.

Regulations under subsection (1G) may make different provision for different purposes.

Every return under this section shall include a declaration by the person making the return to the effect that the return is to the best of his knowledge correct and complete.

A notice under this section may require different information, accounts and statements for different periods or in relation to different descriptions of source of income.

Notices under this section may require different information, accounts and statements in relation to different descriptions of settlement.

The following references, namely—

references in section 9 or 28C of this Act to a person to whom a notice has been given under this section being chargeable to tax; and

references in section 29 of this Act to such a person being assessed to tax,

shall be construed as references to the relevant trustees of the settlement being so chargeable or, as the case may be, being so assessed.

Section 8A: Trustee's return.

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