§ 61. Mr. Iremongerasked the Chancellor of the Exchequer if he will publish as a White Paper an exegesis of Section 109(2), Case III(a) of the Income and Corporation Taxes Act, 1970, with special reference to the application of the word "charge" to the word "interest", using the draft sent him by the hon. Member 60W for Ilford, North, as a model to the extent that it correctly analyses the revenue law in this matter.
§ Mr. Patrick JenkinNo. The interpretation of the Income Tax Acts in cases of dispute is a matter for the General or Special Commissioners and, on appeal, for the courts. My right hon. Friend does not appear to have received the draft referred to in my hon. Friend's Question.
§ 62. Mr. Iremongerasked the Chancellor of the Exchequer if he will introduce legislation to amend the Income and Corporation Taxes Act, 1970, so as to make clear the precise application of each of the words "whether", "either", and "or", respectively, which together comprise 16 out of the 97 words of Section 109(2), Case III(a).
§ Mr. Patrick JenkinNo.
§ Mr. Iremongerasked the Chancellor of the Exchequer if he will circulate in the OFFICIAL REPORT a copy of the current form of return of annual income required of taxpayers so annotated as to indicate where and how the declarations and statements required by Section 528 and Schedule 13 of the Income and Corporation Taxes Act, 1970, are to be made by the person filling in the form.
§ Mr. Patrick JenkinI do not think that this would be helpful. Notes are circulated with all income tax return forms explaining how the form should be filled up.
§ Mr. Iremongerasked the Chancellor of the Exchequer if he will publish a White Paper explaining the distinction between the information to be gained from the third (declaration) and the fifth (statement) requirement of Section 528 and Schedule 13 of the Income and Corporation Taxes Act, 1970.
§ Mr. Patrick JenkinNo. The third declaration relates to sums paid out of the payer's income which are both liable to deduction of tax at source and allowed as an expense in computing his total income. The fifth statement relates to all tax which the payer is entitled or required to deduct at source on making any payment, including tax to be accounted for separately.
61W
§ 33. Mr. Iremongerasked the Chancellor of the Exchequer if he will publish a White Paper explaining what rents under Schedule A or B or D (Case VI) or any other Schedule or case are to be classed with interest, annuities or other annual payments in the second declaration required by Section 528 and Schedule 13 of the Income and Corporation Taxes Act, 1970.
§ Mr. Patrick JenkinI would invite my hon. Friend's attention to Sections 156 and 157 of the Income and Corporation Taxes Act, 1970.
§ Mr. Iremongerasked the Chancellor of the Exchequer if he will introduce legislation to amend the Income and Corporation Taxes Act, 1970, so as to take account, with reference to the word interest used in connection with the third declaration required by Section 528 and Schedule 13 of the Act, of Sections 57 to 61, inclusive, and Section 130(m) of the Act; and if he will confirm that individual taxpayers' incomes and total incomes are currently being so computed as to relieve payments made in accordance with these sections from income tax and surtax.
§ Mr. Patrick JenkinThe answer to the first part of the Question is "No". The answer to the second part is that reliefs due under Sections 57 to 61 of the Income and Corporation Taxes Act, 1970, are given in the same manner as other reliefs against total incomes. Section 130(m) does not grant but prohibits relief in certain circumstances.
§ Mr. Iremongerasked the Chancellor of the Exchequer if he will introduce legislation to amend the Income and Corporation Taxes Act, 1970, so as to apply the word "allow", used in connection with the second declaration required by Section 528 and Schedule 13, to Sections 52 and 53 of the Act.
§ Mr. Patrick JenkinNo.