Finance Act 1989 (c. 26)

(The document as of February, 2008)

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(4) A person does not commit an offence under subsection (1) (b) above if he acts--

(a) after the end of the period of six months beginning with the date on which an opportunity to deliver the document was given, or

(b) after an application for consent to a notice being given in relation to the document has been refused.

(5) A person guilty of an offence under subsection (1) above shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. "

(2) This section shall apply to any falsification, concealment, destruction or disposal of a document occurring on or after the day on which this Act is passed.

146 Entry with warrant to obtain documents

(1) Section 20C of the [1970 c. 9.] Taxes Management Act 1970 (entry with warrant to obtain documents) shall be amended as follows.

(2) In subsection (1)--

(a) for the words "any form of fraud" there shall be substituted the words "serious fraud", and

(b) for the words "has been" there shall be substituted the words "is being, has been or is about to be".

(3) After that subsection there shall be inserted--

" (1A) Without prejudice to the generality of the concept of serious fraud--

(a) any offence which involves fraud is for the purposes of this section an offence involving serious fraud if its commission had led, or is intended or likely to lead, either to substantial financial gain to any person or to serious prejudice to the proper assessment or collection of tax; and

(b) an offence which, if considered alone, would not be regarded as involving serious fraud may nevertheless be so regarded if there is reasonable ground for suspecting that it forms part of a course of conduct which is, or but for its detection would be, likely to result in serious prejudice to the proper assessment or collection of tax.

(1B) The powers conferred by a warrant under this section shall not be exercisable--

(a) by more than such number of officers of the Board as may be specified in the warrant;

(b) outside such times of day as may be so specified;

(4) For subsections (3) to (5) there shall be substituted--

" (3) An officer who enters the premises under the authority of a warrant under this section may--

(a) take with him such other persons as appear to him to be necessary;

(b) seize and remove any things whatsoever found there which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of such an offence as is mentioned in subsection (1) above; and

(c) search or cause to be searched any person found on the premises whom he has reasonable cause to believe to be in possession of any such things;

but no person shall be searched except by a person of the same sex.

(4) Nothing in subsection (3) above authorises the seizure and removal of documents in the possession of a barrister, advocate or solicitor with respect to which a claim to professional privilege could be maintained.

(5) An officer of the Board seeking to exercise the powers conferred by a warrant under this section or, if there is more than one such officer, that one of them who is in charge of the search--

(a) if the occupier of the premises concerned is present at the time the search is to begin, shall supply a copy of the warrant endorsed with his name to the occupier;

(b) if at that time the occupier is not present but a person who appears to the officer to be in charge of the premises is present, shall supply such a copy to that person; and

(c) if neither paragraph (a) nor paragraph (b) above applies, shall leave such a copy in a prominent place on the premises.

(6) Where entry to premises has been made with a warrant under this section, and the officer making the entry has seized any things under the authority of the warrant, he shall endorse on or attach to the warrant a list of the things seized.

(7) Subsections (10) to (12) of section 16 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (return, retention and inspection of warrants) apply to a warrant under this section (together with any list endorsed on or attached to it under subsection (6) above) as they apply to a warrant issued to a constable under any enactment.

(8) Subsection (7) above extends to England and Wales only. "

(5) This section shall apply with respect to warrants issued on or after the day on which this Act is passed.

147 Procedure where documents etc. are removed

(1) The following section shall be inserted after section 20C of the [1970 c. 9.] Taxes Management Act 1970--

" 20CC Procedure where documents etc. are removed

(1) An officer of the Board who removes anything in the exercise of the power conferred by section 20C above shall, if so requested by a person showing himself--

(a) to be the occupier of premises from which it was removed, or

(b) to have had custody or control of it immediately before the removal,

provide that person with a record of what he removed.

(2) The officer of the Board shall provide the record within a reasonable time from the making of the request for it.

(3) Where anything which has been removed by an officer of the Board as mentioned in subsection (1) above is of such a nature that a photograph or copy of it would be sufficient--

(a) for use as evidence at a trial for an offence, or

(b) for forensic examination or for investigation in connection with an offence,

it shall not be retained longer than is necessary to establish that fact and to obtain the photograph or copy.

(4) Subject to subsection (8) below, if a request for permission to be granted access to anything which--

(a) has been removed by an officer of the Board, and

(b) is retained by the Board for the purpose of investigating an offence,

is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed or by someone acting on behalf of any such person, the officer shall allow the person who made the request access to it under the supervision of an officer of the Board.

(5) Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of any such person, the officer shall--

(a) allow the person who made the request access to it under the supervision of an officer of the Board for the purpose of photographing it or copying it, or

(b) photograph or copy it, or cause it to be photographed or copied.

(6) Where anything is photographed or copied under subsection (5)(b) above the photograph or copy shall be supplied to the person who made the request.

(7) The photograph or copy shall be supplied within a reasonable time from the making of the request.

(8) There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice--

(a) that investigation;

(b) the investigation of an offence other than the offence for the purposes of the investigation of which the thing was removed; or

(i) the investigation of which he is in charge, or

(ii) any such investigation as is mentioned in paragraph (b) above.

(9) Any reference in this section to the officer in overall charge of the investigation is a reference to the person whose name and address are endorsed on the warrant concerned as being the officer so in charge. "

(2) This section shall apply with respect to warrants issued on or after the day on which this Act is passed.

148 Interpretation

(1) Section 20D of the [1970 c. 9.] Taxes Management Act 1970 shall be amended as follows.

(2) In subsection (2), for the words "of returns or accounts to be made or delivered by the other" there shall be substituted the words "or delivery of any information, return, accounts or other document which he knows will be, or is or are likely to be, used".

(3) For subsection (3) there shall be substituted--

" (3) Without prejudice to section 127 of the [1988 c. 39.] Finance Act 1988, in sections 20 to 20CC above "document" has, subject to sections 20(8C) and 20A(1A), the same meaning as it has--

(a) in relation to England and Wales, in Part I of the [1968 c. 64.] Civil Evidence Act 1968,

(b) in relation to Scotland, in Part III of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and

(4) Subsection (3) above shall not affect the meaning of "business" in sections 20 and 20C of the [1970 c. 9.] Taxes Management Act 1970 before the coming into force of sections 142 and 146 above.

Assessments, claims etc.

149 Assessments founded on fraudulent or negligent conduct

(1) The following section shall be substituted for section 36 of the Taxes Management Act 1970--

" 36 Fraudulent or negligent conduct

(1) An assessment on any person (in this section referred to as "the person in default") for the purpose of making good to the Crown a loss of tax attributable to his fraudulent or negligent conduct or the fraudulent or negligent conduct of a person acting on his behalf may be made at any time not later than twenty years after the end of the chargeable period to which the assessment relates.

(2) Where the person in default is an individual who carried on a trade or profession in partnership with another individual, or with other persons at least one of whom is an individual, at any time in the year for which the assessment is made, an assessment in respect of the profits or gains of the trade or profession for the purpose mentioned in subsection (1) above may be made not only on the person in default but also on his partner or, as the case may be, on any of his partners who is an individual.

(3) If the person on whom the assessment is made so requires, in determining the amount of the tax to be charged for any chargeable period in any assessment made for the purpose mentioned in subsection (1) above, effect shall be given to any relief or allowance to which he would have been entitled for that chargeable period on a claim or application made within the time allowed by the Taxes Acts. "

(2) Sections 37 to 39 (special provisions as to "neglect") and section 41 (leave required for certain assessments) of the Taxes Management Act 1970 shall cease to have effect.

(3) The words "section 36" shall be substituted--

(a) for the words "sections 36, 37 and 39" in section 30(6) of the [1970 c. 9.] Taxes Management Act 1970 (tax repaid in error etc.),

(b) for the words "sections 37 to 39" in section 118(3) of that Act (effect under law of Scotland of assessment in partnership name),

(c) for the words "sections 36 and 39" in paragraph 10(1) of Schedule 13 to the Taxes Act 1988 (assessments to advance corporation tax), and

(d) for the words "sections 36 and 37" in paragraph 10(1) of Schedule 16 to that Act (assessments to income tax on company payments which are not distributions).

(4) The words "fraudulent or negligent conduct" shall be substituted--

(a) for the words "fraud, wilful default or neglect" in--

(i) section 37A of the Taxes Management Act 1970 (married couples),

(ii) section 40(2) of that Act (assessment on personal representatives), and

(iii) paragraph 9 of Schedule 16A to the [1973 c. 51.] Finance Act 1973 and of Schedule 19A to the Taxes Act 1988 (Lloyd's), and

(b) for the words "fraud and wilful default) and section 37 of that Act (neglect" in section 307(5) of the Taxes Act 1988 (assessments for withdrawing relief under Chapter III of Part VII of that Act).

(5) In section 105 of the Taxes Management Act 1970 (admissibility of evidence), for the words "fraud or default" and the words "fraud or wilful default" there shall be substituted the words "fraudulent conduct".

(6) In paragraph 9 of Schedule 16A to the Finance Act 1973 and of Schedule 19A to the Taxes Act 1988, for "37, 40 and 41" there shall be substituted "and 40".

(7) Nothing in this section shall affect the making of assessments--

(a) for years of assessment before the year 1983-84, or

(b) for accounting periods which ended before 1st April 1983.

150 Further assessments: claims etc

(1) The following sections shall be inserted after section 43 of the Taxes Management Act 1970--

" 43A Further assessments: claims etc

(1) This section applies where--

(a) by virtue of section 29(3) of this Act an assessment is made on any person for a chargeable period, and

(b) the assessment is not made for the purpose of making good to the Crown any loss of tax attributable to his fraudulent or negligent conduct or the fraudulent or negligent conduct of a person acting on his behalf.

(2) Without prejudice to section 43(2) above but subject to section 43B below, where this section applies--

(a) any relevant claim, election, application or notice which could have been made or given within the time allowed by the Taxes Acts may be made or given at any time within one year from the end of the chargeable period in which the assessment is made, and

(b) any relevant claim, election, application or notice previously made or given may at any such time be revoked or varied--

(i) in the same manner as it was made or given, and

(ii) by or with the consent of the same person or persons who made, gave or consented to it (or, in the case of any such person who has died, by or with the consent of his personal representatives),

except where by virtue of any enactment it is irrevocable.

(3) For the purposes of this section and section 43B below, a claim, election, application or notice is relevant in relation to an assessment for a chargeable period if--

(a) it relates to that chargeable period or is made or given by reference to an event occurring in that chargeable period, and

(b) it or, as the case may be, its revocation or variation has or could have the effect of reducing any of the liabilities mentioned in subsection (4) below.

(4) The liabilities referred to in subsection (3) above are--

(a) the increased liability to tax resulting from the assessment,

(b) any other liability to tax of the person concerned for--

(i) the chargeable period to which the assessment relates, or

(ii) any chargeable period which follows that chargeable period and ends not later than one year after the end of the chargeable period in which the assessment is made.

(5) Where a claim, election, application or notice is made, given, revoked or varied by virtue of subsection (2) above, all such adjustments shall be made, whether by way of discharge or repayment of tax or the making of assessments or otherwise, as are required to take account of the effect of the taking of that action on any person's liability to tax for any chargeable period.

(6) The provisions of this Act relating to appeals against decisions on claims shall apply with any necessary modifications to a decision on the revocation or variation of a claim by virtue of subsection (2) above.

43B Limits on application of section 43A

(1) If the effect of the exercise by any person of a power conferred by section 43A(2) above--

(a) to make or give a claim, election, application or notice, or

(b) to revoke or vary a claim, election, application or notice previously made or given,

would be to alter the liability to tax of another person, that power may not be exercised except with the consent in writing of that other person or, where he has died, his personal representatives.

(2) Where--

(a) a power conferred by subsection (2) of section 43A above is exercised in consequence of an assessment made on a person, and

(b) the exercise of the power increases the liability to tax of another person,

that section shall not apply by reason of any assessment made because of that increased liability.

(3) In any case where--

(a) one or more relevant claims, elections, applications or notices are made, given, revoked or varied by virtue of the application of section 43A above in the case of an assessment, and

(b) the total of the reductions in liability to tax which, apart from this subsection, would result from the action mentioned in paragraph (a) above would exceed the additional liability to tax resulting from the assessment,

the excess shall not be available to reduce any liability to tax.

(4) Where subsection (3) above has the effect of limiting either the reduction in a person's liability to tax for more than one period or the reduction in the liability to tax of more than one person, the limited amount shall be apportioned between the periods or persons concerned--

(a) except where paragraph (b) below applies, in such manner as may be specified by the inspector by notice in writing to the person or persons concerned, or

(b) where the person concerned gives (or the persons concerned jointly give) notice in writing to the inspector within the relevant period, in such manner as may be specified in the notice given by the person or persons concerned.

(5) For the purposes of paragraph (b) of subsection (4) above the relevant period is the period of 30 days beginning with the day on which notice under paragraph (a) of that subsection is given to the person concerned or, where more than one person is concerned, the latest date on which such notice is given to any of them. "

(2) This section shall apply in relation to any assessment notice of which is issued on or after the day on which this Act is passed.

151 Assessment of trustees etc

(1) Income tax chargeable in respect of income arising to the trustees of a settlement, or to the personal representatives of a deceased person, may be assessed and charged on and in the name of any one or more of the relevant trustees or, as the case may be, the relevant personal representatives.

(2) In this section "the relevant trustees", in relation to any income, means the trustees to whom the income arises and any subsequent trustees of the settlement, and "the relevant personal representatives" has a corresponding meaning.

(3) In this section "personal representatives" has the same meaning as in section 111 of this Act.

(4) This section shall be deemed always to have had effect.

Distress and poinding etc.

152 Distress for non-payment of tax

(1) Section 61 of the [1970 c. 9.] Taxes Management Act 1970 (distress) shall be amended as follows.

(2) In subsection (1), for the words "the collector shall" onwards there shall be substituted the words "the collector may distrain upon the goods and chattels of the person charged (in this section referred to as "the person in default")."

(3) In subsection (2), for the words from "a collector" to "Commissioners" there shall be substituted the words "a justice of the peace, on being satisfied by information on oath that there is reasonable ground for believing that a person is neglecting or refusing to pay a sum charged, may issue a warrant in writing authorising a collector to".

(4) In subsection (4), for the words "neglecting or refusing to pay" there shall be substituted the words "in default".

(5) In subsection (5)--

(a) for the word "aforesaid" there shall be substituted the words "in default",

(b) the words "within the said five days" shall be omitted,

(c) for the words from "two or more inhabitants of the parish" to "sufficient persons" there shall be substituted the words "one or more independent persons appointed by the collector", and

(d) the words from "The costs" to "the collector, and" shall be omitted.

(6) The following subsection shall be added after that subsection--

" (6) The Treasury may by regulations make provision with respect to--

(a) the fees chargeable on or in connection with the levying of distress, and

(b) the costs and charges recoverable where distress has been levied;

and any such regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons. "

(7) This section shall come into force on such day as the Treasury may by order made by statutory instrument appoint.

153 Priority in cases of distraint by others

(1) Section 62 of the [1970 c. 9.] Taxes Management Act 1970 (priority of claim for tax) shall be amended as follows.

(2) In subsection (1)--

(a) for the words from the beginning to "shall be" there shall be substituted the words "If at any time at which any goods or chattels belonging to any person (in this section referred to as "the person in default") are",

(b) for the word "unless" there shall be substituted the words "the person in default is in arrears in respect of any such sums as are referred to in subsection (1A) below, the goods or chattels may not be so taken unless on demand made by the collector", and

(c) for the words "arrears of tax" onwards there shall be substituted the words "such sums as have fallen due at or before the date of seizure."

(3) The following subsection shall be inserted after that subsection--

" (1A) The sums referred to in subsection (1) above are--

(a) sums due from the person in default on account of deductions of income tax from emoluments paid during the period of twelve months next before the date of seizure, being deductions which the person in default was liable to make under section 203 of the principal Act (pay as you earn) less the amount of the repayments of income tax which he was liable to make during that period; and

(b) sums due from the person in default in respect of deductions required to be made by him for that period under section 559 of the principal Act (sub-contractors in the construction industry). "

(4) In subsection (2)--

(a) for the words from the beginning to "the collector shall" there shall be substituted the words "If the sums referred to in subsection (1) above are not paid within ten days of the date of the demand referred to in that subsection, the collector may",

(b) for the words "shall proceed" there shall be substituted the words "may proceed", and

154 Recovery of tax from debtor in Scotland

(1) Section 63 of the [1970 c. 9.] Taxes Management Act 1970 (recovery of tax in Scotland) shall be amended as follows.

(2) In subsection (3), for the words "which relates to" onwards there shall be substituted the words " insofar as it relates to sums due in respect of--

(a) deductions of income tax which any person specified in the application was liable to make under section 203 of the principal Act (pay as you earn); or

(b) deductions required to be made under section 559 of the principal Act (sub-contractors in the construction industry) by any person specified in the application. "

(3) The following subsection shall be added after that subsection--

" (4) In this section references to amounts of tax due and references to sums due in respect of deductions include references to amounts which are deemed to be--

(a) amounts of tax which the person is liable to pay by virtue of the [S.I. 1973/334.] Income Tax (Employments) Regulations 1973; or

(b) amounts which the person is liable to pay by virtue of the [S.I. 1975/1960.] Income Tax (Sub-Contractors in the Construction Industry) Regulations 1975. "

155 Priority in cases of poinding etc. by others in Scotland

(1) Section 64 of the Taxes Management Act 1970 (priority of claim for tax in Scotland) shall be amended as follows.

(2) In subsection (1)--

(a) for the words from the beginning to "shall be" there shall be substituted the words "If at any time at which any moveable goods and effects belonging to any person (in this section referred to as "the person in default") are",

(b) for the word "unless" there shall be substituted the words "the person in default is in arrears in respect of any such sums as are referred to in subsection (1A) below, the goods and effects may not be so taken unless on demand made by the collector", and

(c) for the words "the tax so in arrear" onwards there shall be substituted the words "such sums as have fallen due at or before the date of poinding or, as the case may be, other diligence or assignation."

(3) The following subsection shall be inserted after that subsection--

" (1A) The sums referred to in subsection (1) above are--

(a) sums due from the person in default on account of deductions of income tax from emoluments paid during the period of twelve months next before the date of poinding, being deductions which the person in default was liable to make under section 203 of the principal Act (pay as you earn) less the amount of the repayments of income tax which he was liable to make during that period; and

(b) sums due from the person in default in respect of deductions required to be made by him for that period under section 559 of the principal Act (sub-contractors in the construction industry). "

(4) In subsection (2)--

(a) for the words from the beginning to "the tax claimed shall" there shall be substituted the words "If the sums referred to in subsection (1) above are not paid within ten days of the date of the demand referred to in that subsection, the sums shall", and

(b) for the words "proceeding at his instance" there shall be substituted the word "proceedings".

Interest etc.

156 Interest on overdue tax

(1) In section 86 of the [1970 c. 9.] Taxes Management Act 1970, for subsection (3) and the words in subsection (4) preceding the Table there shall be substituted--

" (3) For the purposes of this section--

(a) the reckonable date in relation to any tax charged by an assessment to income tax under Schedule E, and

(b) subject to subsection (3A) below, the reckonable date in relation to tax charged by any other assessment to which this section applies,

is the date on which the tax becomes due and payable.

(3A) Where an appeal has been made against an assessment and any of the tax charged by the assessment is due and payable on a date later than the date given by the Table in subsection (4) below, the reckonable date in relation to the tax so due and payable is the later of--

(a) the date given by that Table, and

(b) the date on which the tax would have been due and payable if there had been no appeal against the assessment (assuming in a case where the tax would not have been charged by the assessment if there had been no appeal that it was so charged).

(4) The Table referred to in subsection (3A) above is as follows-- " .

(2) In section 55 of that Act--

(a) in subsection (2), for the words "it were" onwards there shall be substituted the words "there had been no appeal.",

(b) in subsection (6), for paragraphs (a) and (b) there shall be substituted--

" (a) in the case of a determination made on an application under subsection (3) above, other than an application made by virtue of subsection (3A) above, the date on which any tax the payment of which is not so postponed is due and payable shall be determined as if the tax were charged by an assessment notice of which was issued on the date of that determination and against which there had been no appeal; and

(b) in the case of a determination made on an application under subsection (4) above--

(i) the date on which any tax the payment of which ceases to be so postponed is due and payable shall be determined as if the tax were charged by an assessment notice of which was issued on the date of that determination and against which there had been no appeal; and

(ii) any tax overpaid shall be repaid. " , and

" (9) On the determination of the appeal--

(a) the date on which any tax payable in accordance with that determination is due and payable shall, so far as it is tax the payment of which had been postponed, or which would not have been charged by the assessment if there had been no appeal, be determined as if the tax were charged by an assessment--

(i) notice of which was issued on the date on which the inspector issues to the appellant a notice of the total amount payable in accordance with the determination, and

(ii) against which there had been no appeal; and

(b) any tax overpaid shall be repaid. "

(3) In section 56(9) of that Act, for the words "amount of" there shall be substituted the words "amount charged by".

(4) This section shall apply to tax charged by any assessment notice of which is issued after 30th July 1982.

157 Effect of certain claims on interest

(1) In relation to any tax charged by an assessment made under section 252(1) of the [1970 c. 9.] Taxes Act 1988 to recover corporation tax that becomes payable as a result of the making of a claim under section 240 of that Act, the reckonable date for the purposes of section 86 of the [1970 c. 9.] Taxes Management Act 1970 (in this section referred to as "section 86") is the date which is given by paragraph 5 of the Table in subsection (4) of that section.

(2) Subsections (3) and (4) below apply in any case where--

(a) there is in any accounting period of a company (in this section referred to as "the later period") an amount of surplus advance corporation tax, as defined in subsection (3) of section 239 of the Taxes Act 1988, and

(b) pursuant to a claim under the said subsection (3), the whole or any part of that amount is treated for the purposes of the said section 239 as discharging liability for an amount of corporation tax for an earlier accounting period (in this section referred to as "the earlier period"), and

(i) an amount of corporation tax assessed for the earlier period would carry interest in accordance with section 86, or

(ii) an assessment could have been made under section 252(1) of that Act to recover corporation tax for the earlier period.

(3) In determining the amount of interest payable under section 86 on corporation tax unpaid for the earlier period, no account shall be taken of any reduction in the amount of that tax which results from section 239(3) of the Taxes Act 1988 except so far as concerns interest for any time after the day following the expiry of nine months from the end of the later period.

(4) Where, but for the claim under section 239(3) of the Taxes Act 1988, an assessment could have been made under section 252(1) of that Act to recover corporation tax for the earlier period, interest under section 86 shall be chargeable, in relation to any time not later than the day referred to in subsection (3) above, as if the claim had not been made and such an assessment had been made.

(5) In relation to interest charged under section 86 by virtue of subsection (4) above, section 69 of the [1970 c. 9.] Taxes Management Act 1970 shall have effect with the substitution for the words following paragraph (c) of the words "as if it were tax charged and due and payable under an assessment".

(6) In this section--

(a) subsection (1) above shall have effect where the claim under 240 of the Taxes Act 1988 is made on or after 14th March 1989, and

(b) subsections (2) to (5) above shall have effect where the claim under section 239(3) of that Act is made on or after that date,

but this section shall not have effect in relation to corporation tax for any accounting period ending after the day which is the appointed day for the purposes of section 85 of the [1987 c. 51.] Finance (No.2) Act 1987.

158 Small amounts of interest

(1) In the Taxes Management Act 1970--

(a) section 86(6) (remission of interest payable on overdue income tax, capital gains tax or corporation tax where interest would not exceed £30), and

(b) section 87(4) (no interest payable on overdue advance corporation tax or income tax on company payments where interest would not exceed £30),

shall cease to have effect.

(2) The words "of not less than £25" in--

(a) section 47(1) of the [1975 c. 45.] Finance (No.2) Act 1975 (no repayment supplement where overdue repayment of capital gains tax less than £25), and

(b) section 824(1)(a) and (b) and (5) of the Taxes Act 1988 (no repayment supplement where overdue repayment of income tax etc. less than £25),

and the words "of not less than £100" in section 825(2) of the Taxes Act 1988 (no repayment supplement where overdue repayment of company tax less than £100) shall cease to have effect.

(3) Paragraph (a) of subsection (1) above shall have effect--

(a) in relation to income tax under Schedule E, where the demand for the tax is made on or after the appointed day, and

(b) in any other case, where the tax is charged by an assessment notice of which is issued on or after the appointed day.

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