Taxation (International and Other Provisions) Act 2010

Part 3Relocation of section 42 of ICTA

Taxes Management Act 1970 (c. 9)

17TMA 1970 is amended as follows.

18(1)Amend the first column of the Table in section 98 (special returns etc) as follows.

(2)Omit the entry for section 42 of ICTA.

(3)Before the entry for section 647 of ITTOIA 2005 insert—

Income and Corporation Taxes Act 1988 (c. 1)

19ICTA is amended as follows.

20Omit section 42 (appeals against determinations under Chapter 4 of Part 3 of ITTOIA 2005).

Income Tax (Trading and Other Income) Act 2005 (c. 5)

21ITTOIA 2005 is amended as follows.

22After section 302 insert—

“Determinations affecting liability of more than one person

302AAppeals against proposed determinations

(1)Subsection (2) applies if it appears to an officer of Revenue and Customs that—

(a)a determination is needed of an amount that is to be brought into account as a receipt under this Chapter in calculating the liability to tax of a person (“the first taxpayer”), and

(b)the determination may affect the liability to income tax, corporation tax or capital gains tax of other persons.

(2)The officer may give notice (a “provisional notice of determination”) to the first taxpayer and the other persons of—

(a)the determination the officer proposes to make, and

(b)their rights under this section and section 302C.

(3)A person to whom a provisional notice of determination is given may object to the proposed determination by giving notice (a “notice of objection”) to the officer.

(4)The notice of objection must be given within 30 days of the date on which the provisional notice of determination was given.

(5)If an officer gives provisional notices of determination and no person gives a notice of objection—

(a)a determination must be made by the officer as proposed in the provisional notices, and

(b)the determination is not to be called in question in any proceedings.

302BSection 302A: supplementary

(1)A provisional notice of determination under section 302A(2) may include a statement of the grounds on which the officer proposes to make the determination.

(2)Subsection (1) applies despite any obligation as to secrecy or other restriction on the disclosure of information.

(3)An officer of Revenue and Customs may by notice (“a preliminary notice”) require any person to give any information that appears to the officer to be needed for deciding whether to give any person a provisional notice of determination under section 302A(2).

(4)The preliminary notice must state the time within which the information is to be given.

302CDetermination by tribunal

(1)If a notice of objection is given under section 302A(3), the amount mentioned in section 302A(1) must be determined in the same way as an appeal.

(2)All persons to whom provisional notices of determination have been given under section 302A(2) may be a party to—

(a)any proceedings under subsection (1), and

(b)any appeal arising out of those proceedings.

(3)Those persons are bound by the determination made in the proceedings or on appeal, whether or not they have taken part in the proceedings.

(4)Their successors in title are bound in the same way.”

Corporation Tax Act 2009 (c. 4)

23CTA 2009 is amended as follows.

24In section 242(2) (determination by tribunal) for the words from “take part” to the end substitute “be a party to—

(a)any proceedings under subsection (1), and

(b)any appeal arising out of those proceedings.”