SCHEDULES

F1SCHEDULE 3 Rules for assigning proceedings to General Commissioners

Corporation tax etc.

4

(1)

In the case of the proceedings mentioned in sub-paragraph (2) below the relevant place is whichever of the places specified in sub-paragraph (3) below is identified—

(a)

except where the proceedings are commenced by an officer of the Board, by an election made by the company or other body corporate which is a party to the proceedings (“the corporate taxpayer”); and

(b)

where the proceedings are so commenced, by an election made by the officer.

(2)

The proceedings are—

(a)

proceedings relating to corporation tax;

(b)

proceedings relating to income tax which are proceedings to which a company resident in the United Kingdom and within the charge to corporation tax is a party;

(c)

proceedings relating to tax assessable under sections 419 and 420 of the principal Act (close company loans).

(3)

The places are—

(a)

the place where, at the time when the election is made, the corporate taxpayer carries on its trade or business;

(b)

the place where, at that time, the head office or principal place of business of the corporate taxpayer is situated;

(c)

the place where, at that time, the corporate taxpayer resides.

(4)

Where the corporate taxpayer fails to make an election for the purposes of this paragraph before the time limit given by paragraph 5 below, an officer of the Board may elect which of the places specified in sub-paragraph (3) above is to be the relevant place.

(5)

This paragraph does not apply in the case of any proceedings to which paragraph 7 below applies.