Finance Act 2021

SCHEDULE

Section 75

PART 1

Amendment of Taxes Consolidation Act 1997

The Taxes Consolidation Act 1997 is amended—

(a) in section 395B(6)—

(i) in paragraph (a)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

(ii) in paragraph (c), by the substitution of “subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate,” for “subsection (2) or (5), as the case may be, of section 1077E”,

(b) in section 396D(7)(b), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”,

(c) in section 481(3A)(b)—

(i) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

(ii) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) or section 1077E(12)”,

(d) in section 485—

(i) in subsection (11)(b)(iv), by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”,

(ii) in subsection (17)(b)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

(iii) in subsection (19)—

(I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

(II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) or section 1077E(12)”,

(e) in section 485A—

(i) in subsection (7)(b)(iv), by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”,

(ii) in subsection (13)(b)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

(iii) in subsection (14)—

(I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

(II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “subsection (11) or (12) of that section”,

(f) in section 508X—

(i) in subsection (1)—

(I) by the substitution of “Section 1077E or 1077F, as appropriate” for “Section 1077E”,

(II) in paragraph (a), by the substitution of “subsections (2) and (5) of section 1077E or subsection (2) of section 1077F, as appropriate” for “subsections (2) and (5) of section 1077E”,

(III) in paragraph (b)—

(A) by the substitution of “subsections (4) and (7) of section 1077E or subsections (6) and (8) of section 1077F, as appropriate” for “subsections (4) and (7) of section 1077E”,

(B) in subparagraph (i), by the substitution of “section 1077E(11) or 1077F(3), as appropriate” for “section 1077E(11)”, and

(C) in subparagraph (ii), by the substitution of “section 1077E(11) or 1077F(3), as appropriate,” for “section 1077E(11)”,

and

(IV) in paragraph (c), by the substitution of “subsection (11) of section 1077E or subsection (3) of 1077F, as appropriate,” for “subsection (11) of section 1077E”,

and

(ii) in subsection (2), by the substitution of “section 1086 or 1086A, as appropriate,” for “section 1086,”,

(g) in section 530U(1), by the substitution of “, as appropriate, section 1077E or 1077F” for “or section 1077E”,

(h) in section 696K(7), by the substitution of “Section 1077E or 1077F, as appropriate,” for “Section 1077E”,

(i) in section 766(7B)(b)—

(i) in subparagraph (i)—

(I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

(II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) and section 1077E(12)”,

and

(ii) in subparagraph (ii)—

(I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

(II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) and section 1077E(12)”,

(j) in section 811D(3)(b), by the substitution of “subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate, subsection (2) or (5), as the case may be, of section 116 or subsection (2) of section 116A of the Value-Added Tax Consolidation Act 2010 , as appropriate,” for “section 1077E(2) or 1077E(5), section 116 (2) or 116(5) of the Value-Added Tax Consolidation Act 2010 ”,

(k) in section 835G(7)(b), by the substitution of “section 1077E(5) or 1077F(2)(d), as appropriate,” for “section 1077E(5)”,

(l) in section 1052(4), by the substitution of “under this section, section 1053 or, as appropriate, section 1077E or 1077F” for “under this section, under section 1053 or under section 1077E”,

(m) in section 1054(3), by the substitution of “or, as appropriate, section 1077E or 1077F” for “or section 1077E”,

(n) in section 1075, by the substitution of the following for subsection (5):

“(5) Subsection (3) of section 1053 and, as appropriate, subsection (9) of section 1077E or subsection (12) of section 1077F, shall apply for the purposes of this section as each of those subsections apply for the purposes of section 1053 and, as appropriate, section 1077E or 1077F”,

(o) in section 1077(1), by the substitution of “sections 1052, 1053 and 1054 and, as appropriate, section 1077E or 1077F” for “sections 1052, 1053, 1054 and 1077E”,

(p) in section 1077C(2)(b), by the insertion of “or accepted or undertook to accept a settlement amount (within the meaning of section 1086A) in the circumstances mentioned in paragraph (c) or (d) of section 1086A(2), as appropriate,” after “paragraph (c) or (d) of section 1086(2)”,

(q) in section 1077D(1)(c), by the insertion of “or accepted or undertook to accept a settlement amount (within the meaning of section 1086A) in the circumstances mentioned in paragraph (c) or (d) of section 1086A(2), as appropriate,” after “paragraph (c) or (d) of section 1086(2)”,

(r) in section 1078(9)—

(i) by the insertion of “or subsections (12) and (16) of section 1077F, as appropriate,” after “section 1077E”, and

(ii) by the substitution of “116(16) or 116A(16), as appropriate,” for “and 116(16)”,

(s) in section 1084(1)(b), by the insertion of “or deliberately or carelessly delivers an incorrect return of income as set out in section 1077F(2), as appropriate,” after “section 1077E(5)”,

(t) in section 1104—

(i) in subsection (3), by the insertion of “1086A,” after “1086,”, and

(ii) in subsections (4), (5) and (6), by the insertion of “, 1086A” after “1086” in each place where it occurs,

(u) in Schedule 29, by the substitution of the following title for the title to that Schedule:

“Provisions referred to in sections 1052, 1054, 1077E and 1077F”,

and

(v) in Schedule 32, in paragraph (7)(3)(b), by the substitution of “sections 1052 and 1054 and, as appropriate, section 1077E or 1077F” for “sections 1052, 1054 and 1077E”.

PART 2

Amendment of Value-Added Tax Consolidation Act 2010

The Value-Added Tax Consolidation Act 2010 is amended—

(a) in section 101(11)(c), by the substitution of “section 116 or 116A, as appropriate” for “section 116”, and

(b) in section 113(4), by the substitution of “section 116(10) or 116A(13), as appropriate” for “section 116”.

PART 3

Amendment of Finance Act 2001

The Finance Act 2001 is amended, in section 99B(1), in paragraph (a) of the definition of “qualifying disclosure” by the substitution of the following subparagraph for subparagraph (ii):

“(ii) full particulars of all matters occasioning any liability to tax or duty that gives rise to—

(I) a penalty referred to in section 1077E(4) or 1077F(6), as appropriate, of the Taxes Consolidation Act 1997 ,

(II) a penalty referred to in section 134A(2) of the Stamp Duties Consolidation Act 1999 ,

(III) a penalty referred to in section 116(4) or 116A(6), as appropriate, of the Value-Added Tax Consolidation Act 2010 , and

(IV) the application of section 1077E(4) or 1077F(6), as appropriate, of the Taxes Consolidation Act 1997 , to the Capital Acquisitions Tax Consolidation Act 2003 ,

and”.