Capital Allowances Act 2001

Procedure for determining certain questions U.K.

563 Procedure for determining certain questions affecting [F1 one] or more persons U.K.

(1) This section applies in relation to the determination of a question if—

(a) at the time when the question falls to be determined, it appears that the determination is material to the liability to tax (for whatever period) of [F2 one] or more persons, and

(b) section 564 provides for this section to apply.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (6) An application for the tribunal to determine the question is to be subject to the relevant provisions of Part 5 of the Taxes Management Act 1970 (see, in particular, section 48(2)(b) of that Act), and each of the persons concerned is entitled to be a party to the proceedings on the application.]

Textual Amendments

F1 Word in s. 563 heading substituted (with effect in accordance with Sch. 10 para. 11 of the amending Act) by Finance Act 2012 (c. 14), Sch. 10 para. 5(2)

F2 Word in s. 563(1)(a) substituted (with effect in accordance with Sch. 10 para. 11 of the amending Act) by Finance Act 2012 (c. 14), Sch. 10 para. 5(1)

F3 S. 563(2)-(5) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 299(2)

F4 S. 563(6) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 299(3)

Modifications etc. (not altering text)

C1 S. 563(2)-(6) applied (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), ss. 607, (with Sch. 2)

C2 S. 563(2)-(6) applied (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 177(5), 1329(1) (with Sch. 2 Pts. 1, 2)

C3 S. 563(2)-(6) applied (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 930, 1329(1) (with Sch. 2 Pts. 1, 2)

564 Questions to which procedure in section 563 applies U.K.

(1) Section 563 applies in relation to the determination for the purposes of any of Parts [F5 3A] to 11 or this Part of any question about the way in which a sum is to be apportioned.

(2) Section 563 applies in relation to any determination of the market value of property for the purposes of—

(a) any provision of Part 2 (plant and machinery allowances),

(b) section 423 (mineral extraction allowances: amount of disposal value to be brought into account),

(c) section 559 (effect of successions),

(d) section 568 or 569 (sales treated as being for alternative amount), or

(e) section 573 (transfers treated as sales).

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If section 561 ([F7 transfer or division of UK business]) applies, section 563 applies—

(a) for the purposes of the tax of both company A and company B referred to in that section, and

(b) in relation to the determination of any question of apportionment of expenditure under section 561(3).

Textual Amendments

F5 Word in s. 564(1) substituted (with effect in accordance with Sch. 27 para. 30(1) of the amending Act) by Finance Act 2008 (c. 9), Sch. 27 para. 13(a)

F6 S. 564(3) omitted (with effect in accordance with Sch. 27 para. 30(1) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 27 para. 13(b)

F7 Words in s. 564(4) substituted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 10(6) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)