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Delivery of returns.
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36.—(1) In this section—
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(a) notwithstanding anything contained in sections 6 and 12—
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(i) a reference to a taxable gift is a reference to a taxable gift taken on or after the 28th day of February, 1974;
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(ii) a reference to a taxable inheritance is a reference to a taxable inheritance taken on or after the 1st day of April, 1975; and
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(iii) a reference, other than in subparagraph (i), to a gift or a taxable gift includes a reference to an inheritance or a taxable inheritance, as the case may be; and
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(b) a reference to a donee includes a reference to a successor.
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(2) Any person who is primarily accountable for the payment of tax by virtue of section 35 (1) shall, within three months after the relevant date referred to in subsection (5), deliver to the Commissioners a full and true return—
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(a) of every gift in respect of which he is so primarily accountable and to which this subsection applies;
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(b) of all the property comprised in such gift; and
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(c) of an estimate of the market value of such property.
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(3) Subsection (2) applies to a gift in the case where—
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(a) the taxable value of the taxable gift taken by the donee from the disponer—
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(i) (I) exceeds £120,000; and
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(II) the donee is a spouse, child, or minor child of a deceased child, of the disponer;
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(ii) (I) exceeds £12,000; and
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(II) the donee is a lineal ancestor or a lineal descendant (other than a child, or a minor child of a deceased child) of the disponer;
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(iii) (I) exceeds £8,000; and
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(II) the donee is—
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(A) a brother or a sister of the disponer; or
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(B) a child of a brother or of a sister of the disponer; or
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(iv) (I) exceeds £4,000; and
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(II) the donee does not stand to the disponer in a relationship referred to in subparagraph (i) (II), (ii) (II) or (iii) (II);
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(b) the taxable value of a taxable gift taken by a donee from the disponer increases the total taxable value of all taxable gifts taken by the donee from the disponer from an amount less than or equal to the amount specified in paragraph (a) (i) (I), (a) (ii) (I), (a) (iii) (I) or (a) (iv) (I), as the case may be, to an amount which exceeds the amount so specified;
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(c) the total taxable value of all taxable gifts taken by the donee from the disponer exceeds the amount specified in paragraph (a) (i) (I), (a) (ii) (I), (a) (iii) (I) or (a) (iv) (I), as the case may be, and the donee takes a further taxable gift from the disponer; or
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(d) the donee is required by notice in writing by the Commissioners to deliver a return.
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(4) Any reference in subsection (3) (b) or (c) to the total taxable value of all taxable gifts includes a reference to the total aggregable value of all aggregable gifts and for the purpose of this section “aggregable gift” and “aggregable value” have the meanings assigned to them by paragraph 1 of Part I of the Second Schedule.
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(5) For the purposes of this section, the relevant date shall be—
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(a) the valuation date or three months after the passing of this Act, whichever is the later; or
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(b) where the donee is required by notice in writing by the Commissioners to deliver a return, the date of the notice.
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(6) Any person who is accountable for the payment of tax by virtue of subsection (2) or (9) of section 35 shall, if he is required by notice in writing by the Commissioners to do so, deliver a return to the Commissioners within such time, not being less than 30 days, as may be specified in the notice.
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(7) Any accountable person shall, if he is so required by the Commissioners by notice in writing, deliver and verify to the Commissioners within such time, not being less than 30 days, as may be specified in the notice, a statement of such particulars together with such evidence as they require relating to any property, as may be relevant to the assessment of tax in respect of the gift.
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(8) The Commissioners may by notice in writing require any accountable person to deliver to them within such time, not being less than 30 days, as may be specified in the notice, an additional return, if it appears to the Commissioners that a return made by that accountable person is defective in a material respect by reason of anything contained in or omitted from it.
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(9) Where any accountable person who has delivered a return or an additional return is aware or becomes aware at any time that the return or additional return is defective in a material respect by reason of anything contained in or omitted from it, he shall, without application from the Commissioners and within three months of so becoming aware, deliver to them an additional return.
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