Finance Act, 1963
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FOURTH SCHEDULE. Application of Part VIII to Corporation Profits Tax. | ||
1. (1) Where the secretary of a company fails to comply with any of the provisions of subsections (1) and (2) of section 55 of the Finance Act, 1920 — | ||
(a) the company shall be liable to a penalty of five hundred pounds, except in the case mentioned in paragraph 2 of this Schedule and, if, in relation to subsection (1) of the said section, the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of fifty pounds for each day on which the failure so continues, and | ||
(b) the secretary shall be liable to a separate penalty of one hundred pounds. | ||
(2) If any person contravenes the provisions of subsection (3) of section 56 of the Finance Act, 1920 , he shall be liable to a penalty of five hundred pounds. | ||
2. Where any such failure as is mentioned in subparagraph (1) of paragraph 1 of this Schedule is in relation to subsection (1) of section 55 of the Finance Act, 1920 , and continues after the expiration of one year from the service of the notice by which the requirement was made, the first of the penalties mentioned in the said subparagraph for which the company is liable shall be one thousand pounds, while the secretary shall be liable to a penalty of two hundred pounds. | ||
3. (1) Where the secretary of a company fraudulently or negligently delivers any incorrect return or particulars under the provisions of subsection (1) of section 55 of the Finance Act, 1920 , or makes any incorrect statement or declaration in connection with any application for relief under any of the enactments relating to corporation profits tax, the company shall be liable to a penalty of— | ||
(a) five hundred pounds, and | ||
(b) the amount, or, in the case of fraud, twice the amount, of the difference specified in paragraph 4 of this Schedule | ||
and the secretary shall be liable to a separate penalty of one hundred pounds, or, in the case of fraud, of two hundred pounds. | ||
(2) Where any such return, particulars, statement or declaration was or were delivered or made by the secretary of a company neither fraudulently nor negligently and it comes to his notice that it or they was or were incorrect, then, unless the error is remedied without unreasonable delay, the return, particulars, statement or declaration shall be treated for the purposes of this paragraph as having been negligently delivered or made by him. | ||
4. The difference referred to in paragraph 3 of this Schedule is the difference between— | ||
(a) the total amount of tax chargeable in assessments for any accounting period which is or includes the period or any part of the period to which the return, particulars, statement or declaration relates or relate; and | ||
(b) the amount which would have been the amount so chargeable if the return, particulars, statement or declaration as delivered or made had been correct. | ||
5. A person who assists in or induces the making or delivery for any purposes of corporation profits tax of any return, account, statement or declaration which he knows to be incorrect shall be liable to a penalty of five hundred pounds. | ||
6. (1) Subject to subparagraph (2) of this paragraph proceedings for the recovery of any penalty under this Schedule may be commenced at any time within six years next after the date on which it was incurred. | ||
(2) Any proceedings for the recovery of any penalty under subparagraph (1) of paragraph 3 of this Schedule shall not be out of time by reason that they are commenced after the time allowed by the preceding subparagraph of this paragraph. | ||
7. For the purposes of this Schedule, any assessment which can no longer be varied by the Special Commissioners on appeal or by the order of any court shall be sufficient evidence that the profits in respect of which tax is charged in the assessments arose as stated therein. | ||
8. Subsection (4) of section 55 of the Finance Act, 1920 , is hereby amended by the substitution of “to a fine of” for “on summary conviction to a fine not exceeding”. | ||
9. (1) Without prejudice to any other mode of recovery of a penalty under this Schedule or subsection (4) of section 55 of the Finance Act, 1920 , an officer of the Revenue Commissioners, authorised by them for the purposes of this subparagraph, may sue in his own name by civil proceedings for the recovery of the penalty in the High Court as a liquidated sum, and the provisions of section 94 of the Courts of Justice Act, 1924 , shall apply accordingly. | ||
(2) If an officer who has commenced proceedings pursuant to this paragraph, or who has continued the proceedings by virtue of this subparagraph, dies or otherwise ceases for any reason to be an officer authorised for the purposes of subparagraph (1) of this paragraph— | ||
(a) the right of such officer to continue the proceedings shall cease and the right to continue them shall vest in such other officer so authorised as may be nominated by the Revenue Commissioners, | ||
(b) where such other officer is nominated under clause (a) of this subparagraph, he shall be entitled accordingly to be substituted as a party to the proceedings in the place of the first-mentioned officer, and | ||
(c) where an officer is so substituted, he shall give notice in writing of the substitution to the defendant. | ||
(3) In proceedings pursuant to this paragraph a certificate, signed by a Revenue Commissioner certifying the following facts, namely, that a person is an officer of the Revenue Commissioners and that he has been authorised by them for the purposes of subparagraph (1) of this paragraph, shall be evidence until the contrary is proved of those facts. | ||
(4) In proceedings pursuant to this paragraph, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that the plaintiff has ceased to be an officer of the Revenue Commissioners authorised by them for the purposes of subparagraph (1) of this paragraph, that another person is an officer of the Revenue Commissioners, that such other person has been authorised by them for the purposes of subparagraph (1) of this paragraph and that he has been nominated by them, in relation to the proceedings, for the purposes of subparagraph (2) of this paragraph, shall be evidence until the contrary is proved of those facts. | ||
(5) In proceedings pursuant to this paragraph, a certificate certifying the facts referred to in subparagraph (3) or (4) of this paragraph and purporting to be signed by a Revenue Commissioner may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been so signed. | ||
(6) In proceedings under this paragraph for recovery of a penalty referred to in subparagraph (1) of paragraph 1 or paragraph 2 of this Schedule— | ||
(a) a certificate signed by an officer of the Revenue Commissioners which certifies that he has examined the relevant records and that it appears from them that, during a stated period, any stated returns, particulars or notice referred to in section 55 of the Finance Act, 1920 , were not or was not received from the secretary shall be evidence until the contrary is proved that the secretary did not, during that period, furnish those returns or particulars or give that notice, | ||
(b) a certificate certifying as provided for in clause (a) of this subparagraph, and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by such officer. | ||
(7) Subject to this Schedule, the rules of the High Court for the time being applicable to civil proceedings shall apply to proceedings pursuant to this paragraph. |