914Returns by issuing houses, stockbrokers, auctioneers, etc.

[CGTA75 s51(1) and Sch4 par4; FA94 s63; FA95 s70]

(1) For the purpose of obtaining particulars of chargeable gains, an inspector may by notice in writing require a return under any provision of this section.

(2)(a) In this subsection, “shares” includes units in a unit trust.

(b) An issuing house or other person carrying on a business of effecting public issues of shares or securities in any company, or placings of shares or securities in any company, either on behalf of the company or on behalf of holders of blocks of shares or securities which have not previously been the subject of a public issue or placing, may be required to make a return of all such public issues or placings effected by that person in the course of the business in the period specified in the notice requiring the return, giving particulars of the persons to or with whom the shares or securities are issued, allotted or placed, and the number or amount of the shares or securities so obtained by them respectively.

(3) A person not carrying on such a business may be required to make a return as regards any such issue or placing effected by that person and specified in the notice, giving particulars of the persons to or with whom the shares or securities are issued, allotted or placed and the number or amount of the shares or securities so obtained by them respectively.

(4) A member of a stock exchange in the State may be required to make a return giving particulars of any transactions effected by that member in the course of that member’s business in the period specified in the notice requiring the return and giving particulars of—

(a) the parties to the transactions,

(b) the number or amount of the shares or securities dealt with in the respective transactions, and

(c) the amount or value of the consideration.

(5) A person (other than a member of a stock exchange in the State) who acts as an agent in the State in transactions in shares or securities may be required to make a return giving particulars of—

(a) any such transactions effected by that person in the period specified in the notice,

(b) the parties to the transactions,

(c) the number or amount of the shares or securities dealt with in the respective transactions, and

(d) the amount or value of the consideration.

(6) An auctioneer and any person carrying on a trade of dealing in any description of tangible movable property, or of acting as an agent or intermediary in dealings in any description of tangible movable property, may be required to make a return giving particulars of any transactions effected by or through that auctioneer or that person, as the case may be, in which any asset which is tangible movable property is disposed of for a consideration the amount or value of which, in the hands of the recipient, exceeds—

(a) as respects transactions effected on or after the 6th day of April, 1994, but before the 6th day of April, 1995, ^[1]>£5,000^{<[1] [1]>}€6,350^<[1], and

(b) as respects transactions effected on or after the 6th day of April, 1995, ^[2]>£15,000^{<[2] [2]>}€19,050^<[2].

(7) No person shall be required under this section to include in a return particulars of any transaction effected more than 3 years before the service of the notice requiring that person to make the return.