(1)This section applies where—
(a)a charging notice is issued to a company for an accounting period, and
(b)the review period for that charging notice has not ended.
(2)In relation to a relevant enquiry—
(a)a final closure notice may not be given under paragraph 32 of Schedule 18 to FA 1998, and
(b)a partial closure notice may not be given under that paragraph in relation to any matter which is, or could be, relevant to the charging notice mentioned in subsection (1)(a).
(3)Accordingly, a relevant tribunal direction has no effect until the review period has ended.
(4)In subsection (2), “relevant enquiry” means—
(a)an enquiry into the company tax return for the accounting period mentioned in subsection (1)(a);
(b)where the charging notice mentioned in subsection (1)(a) is issued to a company (“the foreign company”) for an accounting period by reason of section 86 applying in relation to it for that accounting period, an enquiry into any company tax return for the avoided PE (within the meaning of section 86) that may be amended by virtue of section 101B(2) so as to reduce the taxable diverted profits arising to the foreign company in that accounting period.
(5)In subsection (3) “relevant tribunal direction” means a direction given—
(a)under paragraph 33 of Schedule 18 to FA 1998,
(b)in relation to a closure notice that may not be given by virtue of subsection (2), and
(c)during the review period mentioned in subsection (1)(b).]
Textual Amendments
F1S. 101C inserted (with effect in accordance with s. 28(5) of the amending Act) by Finance Act 2022 (c. 3), s. 28(4)