CH29950 - Data gathering: Glossary

The following table provides an explanation of the terms used in the data-gathering guidance.

Term	Explanation
Accountable person	Within the meaning of the Stamp Duty Reserve Tax Regulations 1986 (SI 1986/1711).
Address	Includes an electronic address.
Agency contract	Has the same meaning as in Chapter 7 of Part 2 of ITEPA 2003.
Alternative finance return	Means an alternative finance return within the meaning of Part 10A of ITA 2007, and an alternative finance return within the meaning of Part 6 of CTA 2009.
Approved payroll agent	Means an agent within the meaning of section 714 ITEPA 2003.
Assignment	Means an assignation in relation to Scotland, CH28720.
Authorised officer	For data-gathering purposes this is an officer of HMRC who is, or is a member of a class of officers who are, authorised by the Commissioners for the purposes of FA11/SCH23 PARA5, see CH28280.
Body of persons	Has the same meanings as in TMA 1970.
Building society	Means a building society within the meaning of the Building Societies Act 1986.
Carries on a business	Includes the letting of property, the activities of a charity, and the activities of a government department, a local authority, a local authority association or any other public authority.
Chargeable period	Means a tax year, accounting period or other period for which tax is charged.
Chargeable payment	Means a payment received within the meaning of Chapter 5 of Part 23 of CTA 2010 (company distributions: demergers).
Charity	Has the meaning given by paragraph 1(1) of Schedule 6 to FA 2010.
Child trust fund	As defined in section 3 of the Child Trusts Funds Act 2004.
Company	Has the meaning given by section 288(1) of TCGA 1992.
Corporation tax	Includes any amount assessable or chargeable as if it were corporation tax.
Daily default penalties	Where a data-holder has been charged an initial fixed penalty, and they still do not comply with the data-holder notice, they are liable to daily default penalties of up to £60 a day.
Data	Includes information held in any form.
Data-holder	Means a person who is required to provide relevant data to HMRC.
Data-holder notice	Means a notice issued to a relevant data-holder to provide ‘relevant data’.
Deeply discounted security	Has the same meaning as in Chapter 8 of Part 4 of ITTOIA 2005.
Dividend	Includes any type of distribution.
Document	Includes a copy of a document (see also section 114 of FA 2008).
Employment, employee and employer	Have the same meaning as in Parts 2 to 7 of ITEPA 2003 (see, in particular, sections 4 and 5 of that act).
Fails to comply	Includes concealing, destroying or otherwise disposing of a material document, or arranging for any such concealment, destruction or disposal.
Foreign dividend	Means any annual payment, interest or dividend payable out of, or in respect of the funds or securities of a body of persons that is not resident in the United Kingdom, or a government or public or local authority in a country outside the United Kingdom.
Insurance business	As defined for the purposes of Part 3 of FA 1994.
Initial fixed penalties	If the person fails to comply with a data-holder notice, they are liable to an initial fixed penalty of £300.
Landfill disposal	As defined for the purposes of Part 3 of FA 1996.
Lease	Includes an agreement for a lease, and any tenancy, but does not include a mortgage or heritable property and ‘lessee’ includes a successor in title of a lease.
Lien	a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.
Local authority	Has the same meaning as in section 999 of ITA 2007.
Local authority association	Has the meaning given in section 1000 of ITA 2007.
Machinery provisions of TMA	Include the following provisions of TMA - Section 108 (responsibility of company officers) / Section 114 (want of form) / Section 115 (delivery and service of documents).
Manages land	Includes a person who markets property to potential tenants, searches for tenants or provides similar services.
Material document	Means, at the time when the data-holder acts, the data-holder has received a data-holder notice requiring them to provide the document or data contained in the document, or not received such a notice but has been informed by HMRC that the data-holder will do so or is likely to do so.
Merchant account	Means an account held by a retailer with the data-holder, by reference to which the amount due to be paid by the data-holder to the retailer in settlement of payment card transactions is calculated.
Merchant acquirer	One of the less than ten companies in the UK that runs the system behind paying for goods and services through the Chip and Pin system for payment cards.
Oil field	Within the meaning of Part 1 of OTA 1975.
Payment card	Includes a credit card, a charge card and a debit card.
Payment card transaction	Means any transaction in which a payment card is accepted as payment.
Payment derived from securities	Includes, in particular an amount (whether of income or capital) that is payable out of or in respect of securities or rights attaching to securities, and a payment that is representative of any such payment.
Payment derived from bearer securities	Includes the same meaning as ‘payment derived from securities’.
Payment out of public funds	Means a payment, provided directly or indirectly, by the Crown, any government, public or local authority, whether in the UK or elsewhere, or any EU institution.
Placing	Means a placing of shares or securities in a company.
Plan manager	As defined in section 696 of ITTOIA 2005.
Provide	Includes make available for inspection.
Providing data	Includes preparing and delivering a return, statement or declaration, and providing documents.
Public issue	Means a public issue of shares or securities in a company.
Register	Includes any record or list that a local authority maintains, and any record or list that any other person is required or permitted to maintain by or under an enactment.
Relevant data-holder	Means a person who is required to provide relevant data to HMRC.
Relevant data	Means data that is specified by Treasury for that type of data-holder, and can be general data or data relating to particular persons or matters, and may include personal data (such as names and addresses of individuals).
Relevant dormant account	Has the same meaning as in section 39(2) of the Finance Act 2008.
Relevant dormant period	Means the period between the time when a dormant account first becomes a relevant dormant account, and the time at which a repayment claim to the balance of the account is settled.
Relevant foreign tax	Means a tax of a member State, other than the UK, which is covered by the provisions for the exchange of information under the Directive of the Council of the European Communities No. 77/799/EEC (as amended from time to time), and any tax or duty which is imposed under the law of a territory in relation to which arrangements having effect by virtue of section 173 of FA 2006 (international tax enforcement arrangements) have been made and which is covered by the arrangements.
Relevant interest	Means interest paid or credited on money received or retained in the United Kingdom, and either without deduction of income tax or after deduction of income tax.
Relevant payments	Means payments for, or in connection with, services provided by persons who are not employed in the business, or periodical or lump sum payments in respect of any copyright, public lending right, right in a registered design or design right.
Remuneration	Has the same meaning as in Chapter 7 of Part 2 of ITEPA 2003.
Repayment claim	Means a repayment claim mentioned in section 5(6) of the Dormant Bank and Building Society Accounts Act 2008, and other terms used in this guidance and in that Act have the same meaning as in that Act.
Representative payment (in relation to securities transactions)	Means a payment that is representative of an amount payable out of or in respect of securities or rights attaching to securities.
Responsible person	Within the meaning of Part 1 of OTA 1975.
Retailer	Means a person who accepts a payment card as payment for any transaction.
Securities	Includes shares and stock, debentures, including debenture stock, loan stock, bonds, certificates of deposit and other instruments creating or acknowledging indebtedness, and warrants or other instruments entitling the holder to subscribe for or otherwise acquire anything within the above, issued by or on behalf of a person resident in, or a government or public or local authority of, any country (including a country outside the UK).
Securities transactions	Means transactions in securities, transactions under which a representative payment has been, is to be, or may be made, or the making or receipt of a representative payment.
Settlement	As defined in section 620 of ITTOIA 2005 (meaning of ‘settlement’ etc).
Shares	Is to be construed in accordance with sections 99 and 103A of TCGA 1992.
Specify	Includes describe.
Statutory records	For the purposes of data-gathering powers, data forms part of the data-holder’s statutory records if they are data that the data-holder is required to keep and preserve under or by virtue of any enactment relating to tax. Data ceases to form part of a data-holder’s statutory records when the period for which the data is required to be preserved under or by virtue of that enactment has expired. For further guidance on statutory records see CH212100.
Subjecting aggregate to exploitation in the UK	As defined for the purposes of Part 2 of FA 2001.
Tangible movable property	See guidance in the Capital Gains manual at CG76550.
Tax	The data-gathering powers apply to the following taxes - Income tax / Capital gains tax / Corporation tax / VAT / Insurance premium tax / Inheritance tax / Stamp duty land tax / Stamp duty reserve tax / Petroleum revenue tax / Aggregates levy / Climate change levy / Landfill tax / Relevant foreign tax.
Tax functions	Means functions relating to tax.
Taxable commodities	As defined for the purposes of Schedule 6 to FA 2000.
Transactions in securities (in relation to securities transactions)	Means transactions, of whatever description, relating to securities, and includes in particular the purchase, sale or exchange of securities, the issuing or securing and the issue of new securities, applying or subscribing for new securities, and altering or securing the alteration of rights attached to securities.
VAT	Means Value added tax charged in accordance with VATA 1994, and Value added tax charged in accordance with the law of another member state, and includes any amount that is recoverable under paragraph 5(2) of Schedule 11 to VATA 1994 (amounts shown on invoices as VAT).
VAT number	Means ‘registration number’ as defined in paragraph 1 of regulation 2 of the Value Added Tax Regulations 1995.