Section 12D — Taxes Management Act 1970: Returns made otherwise than pursuant to a notice

Returns made otherwise than pursuant to a notice 12D 1 This section applies where—

a a person delivers a purported return (“the relevant return”) under section 8, 8A or 12AA (“the relevant section”) for a year of assessment or other period (“the relevant period”),

b no notice under the relevant section has been given to the person in respect of the relevant period, and c HMRC treats the relevant return as a return made and delivered in pursuance of such a notice.

2 For the purposes of the Taxes Acts—

a treat a relevant notice as having been given to the person on the day the relevant return was delivered, and b treat the relevant return as having been made and delivered in pursuance of that notice (and, accordingly, treat it as if it were a return under the relevant section). 3 “Relevant notice” means—

a in relation to section 8 or 8A, a notice under that section in respect of the relevant period;

b in relation to section 12AA, a notice under section 12AA(3) requiring the person to deliver a return in respect of the relevant period, on or before the day the relevant return was delivered (or, if later, the earliest day that could be specified under section 12AA).

4 In subsection (1)(a) “purported return” means anything that—

a is in a form, and is delivered in a way, that a corresponding return could have been made and delivered had a relevant notice been given, and b purports to be a return under the relevant section.

5 Nothing in this section affects sections 34 to 36 or any other provisions of the Taxes Acts specifying a period for the making or delivering of any assessment (including self-assessment) to income tax or capital gains tax.