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Finance Act 2003

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This is the original version (as it was originally enacted).

93Information powers

(1)Schedule 13 has effect with respect to the powers of the Inland Revenue to call for documents and information for the purposes of stamp duty land tax.

(2)In that Schedule—

  • Part 1 confers power on an authorised officer to call for documents or information from the taxpayer;

  • Part 2 confers power on an authorised officer to call for documents from a third party;

  • Part 3 confers power on an authorised officer to call for the papers of a tax accountant;

  • Part 4 imposes restrictions on the powers under Parts 1 to 3;

  • Part 5 confers powers on the Board to call for documents or information;

  • Part 6 provides for an order of a judicial authority for the delivery of documents;

  • Part 7 provides for entry with a warrant to obtain evidence of an offence;

  • Part 8 relates to falsification etc of documents.

(3)A person who is required by a notice under Part 1, 2 or 3 of Schedule 13 to deliver a document or to provide information, or to make a document available for inspection, and who fails to comply with the notice is liable to a penalty not exceeding £300.

(4)If the failure continues after a penalty has been imposed under subsection (3), he is liable to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that subsection was imposed (but excluding any day for which a penalty under this subsection has already been imposed).

(5)No penalty shall be imposed under subsection (3) or (4) in respect of a failure at any time after the failure has been remedied.

(6)A person who is required by a notice under Part 1, 2 or 3 of Schedule 13 to deliver a document or to provide information, or to make a document available for inspection, and who fraudulently or negligently delivers, provides or makes available any incorrect document or information is liable to a penalty not exceeding £3,000.

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