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First Schedule

Volume 155: debated on Wednesday 28 June 1922

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  • 1. A company which is aggrieved by any direction given under Section fourteen of this Act may appeal to the Special Commissioners against the direction by giving notice of appeal to the Clerk to the Commissioners within twenty-one days after the date of the notice, and the Commissioners shall hear and determine the appeal, subject as herein provided, and the provisions of the Income Tax Acts relating to appeals against assessments shall with any necessary modification apply for the purposes of an appeal under this provision.
  • 2. If either the company or the Commissioners of Inland Revenue are dissatisfied with the determination of the Special Commissioners on any appeal under the foregoing provisions of this Schedule they may on giving notice to the Clerk to the Special Commissioners within twenty-one days after the determination, require the appeal to he reheard by the Board of Referees and the Special Commissioners shall transmit to the Board any document in their possession which was delivered to them for the purposes of the appeal. The Board shall rehear and determine the appeal and shall have and exercise the same powers and authorities in relation to the appeal as the Special Commissioners might have and exercise, and the determination of the Board thereon shall be final and conclusive; Provided that Section one hundred and forty-nine of the Income Tax Act, 1918 (which relates to the statement of a case on a point of law) shall apply with the necessary modifications in the case of any such rehearing and determination as it applies in the case of appeals to the General or Special Commissioners under the said Act.
  • 3. The provisions of Sub-section (6) of Section seven of the income Tax Act, 1918, relating to the representation of the Crown on Super-tax appeals shall with the necessary modifications apply to any appeal under this Schedule.
  • 4. The Special Commissioners may at any time by notice in writing require any company which appears to them to be a company to which Section fourteen of this Act applies, to furnish them with
  • (a) a statement of the actual income of the company from all sources, together with a copy of the company's accounts for any year or other period for which the company's accounts have been made up and such particulars as the Commissioners may reasonably require as to the income of the company and the manner in which the income has been dealt with; and
  • (b) a statement for the same period of the names and addresses and particulars of the respective interests of all members of the company.
  • 5. In computing the actual income from all sources of a company for any year or period, the income front any source shall be estimated in accordance with the provisions of the Income Tax Acts relating to the computation of income from that source; except that the income shall he computed by reference to the income for such year or period as aforesaid and not according to an average of more than one year or by reference to any year or period other than such year or period as aforesaid.
  • 6. If any company fails or refuses on being so required in accordance with the provisions of this Schedule to furnish a statement of actual income from all sources or renders a statement with which the Special Commissioners are not satisfied, the Commissioners may make an estimate of that income to the best of their judgment.
  • 7. The apportionment of the actual income from all sources of the company shall be made by the Special Commissioners in accordance with the respective interest of the members, and the income as apportioned to each member shall, for the purposes of Super-tax, he deemed to represent his income from his interest in the company for the year or other period and shall he included in the statement of his total income or in an amended statement of total income which the Special Commissioners are hereby authorised to require and shall be deemed to be the highest part of that income.
  • 8. The income apportioned to a member of a company under Section fourteen of this Act shall, for the purposes of Super-tax, be deemed to have been received by him at the date to which the accounts of the company for the year or period were made up.
  • 9. Notice of any apportionment made by the Special Commissioners shall be given by serving on the company a statement showing the amount of the actual income from all sources adopted by them for the purposes of Section fourteen of this Act, and either the amount apportioned to each member or the amount apportioned to each class of shares, as they think fit. A company which is aggrieved by any notice of apportionment shall be entitled to appeal to the Special Commissioners on giving notice to their clerk within twenty-one days after the date of the notice, and those Commissioners shall hear and determine the appeal and all the provisions of the Income Tax Acts and any regulations made thereunder relating to appeals against assessments and to eases to he stated for the opinion of the High Court shall with any necessary modification apply for the purposes of any such appeal.
  • 10. Where shares are registered in the name of a person who is not the beneficial owner thereof that person shall, if required by notice in writing by the Special Commissioners, furnish the name and address of the person or persons on whose behalf the shares are registered in his name. If any person on being so required neglects or fails to comply with the notice within the time limited by the notice he shall be liable to a penalty of twice the amount of Super-tax that would be chargeable at the highest rate in respect of the amount of the income apportioned to such shares.
  • 11. In this Schedule the expression "Board of Referees" means the Board of Referees for the purposes of Rule 6 of the Rules applicable to Cases I and II of Schedule D.
  • I beg to move, in paragraph 10, to leave out the words

    "Where shares are registered in the name of a person who is not the beneficial owner thereof that person shall, if required by notice in writing by the Special Commissioners, furnish the name and address of the person or persons on whose behalf the shares are registered in his name."
    and to insert instead thereof the words
    "Any person in whose name any shares of a company are registered shall, if required by notice in writing by the Special Commissioners, state whether or not he is the beneficial owner of those shares, and if not the beneficial owner of those shares or any of them shall furnish the name and address of the person or persons on whose behalf the shares are registered in his name."
    I think the Amendment explains itself.

    Amendment agreed to.

    Schedule, as amended, ordered to stand part of the Bill.

    Second Schedule ( Procedure in connection with the determination of annual values for the purposes of Income Tax under Schedule A and Inhabited House Duty for 1922–23) ordered to stand part of the Bill.

    Third Schedule (Enactments repealed) ordered to stand part of the Bill.

    Bill reported; as amended, to be considered To-morrow (Thursday), and to be printed. [Bill 171.]