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Taxes Management Act 1970

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This is the original version (as it was originally enacted).

Section 44.

SCHEDULE 3Rules for Assigning Proceedings to Commissioners

Description of proceedingsPlace given by these rules
Rules 3 and 5 have effect subject to rule 4 above.
Rules 7 and 8 have effect to the exclusion of any other rules.
Where under rules 3 and 5 above a right of election for the place of residence is provided in column 2 above, the appellant may, by notice in writing to the inspector or the Board (given not later than the notice of appeal), elect for the place where he ordinarily resided in the year of assessment to which the proceedings relate.
The rules in this Schedule have effect subject to sections 11, 137, 154(5), 252(9) and section 494(9) of the principal Act, to paragraph 22 of Schedule 7 to the principal Art and to section 81 of the [1968 c. 3.] Capital Allowances Art 1968 (all of which relate to proceedings to which more than one taxpayer may be a party) and to any other express provisions in the Taxes Acts.
Income tax and capital gains tax
1. An appeal against an assessment under Case I or Case II of Schedule D.} The place where the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated.
2. Any other proceedings relating to a trade, profession or vocation the profits of which are assessable under Case I or Case II of Schedule D, or would be so assessable if there were any.
3. An appeal against an assessment under Schedule E and any appeal in exercise of a right conferred by regulations under section 204 of the principal Act (pay as you earn).Subject to the right of election for place of residence, the place of employment or such other place as may be assigned instead by regulations under section 204 of the principal Act.
4. An appeal against an assessment under Schedule B and any proceedings concerning the annual value of land.The place where the property is situated.

5. An appeal against an assessment under Schedule A or under Schedule D, other than Cases I and II.

An appeal against an assessment to capital gains tax.

Subject to the right of election for place of residence,—

(a)

if the person assessed is carrying on a trade, profession or vocation, the place in which the trade, profession or vocation is carried on, or in which the head office or principal place of business is situated, or

(b)

if the person assessed is employed, and does not carry on a trade, profession or vocation, the place of employment.

6. Any proceedings under the Income Tax Acts not covered by the preceding rules.

Any proceedings relating to capital gains tax not covered by rule 5.

The place where the appellant or other party to the proceedings (not being an inspector or the Board) ordinarily resided in the year of assessment to which the proceedings relate.

If the party was resident or ordinarily resident outside the United Kingdom, the Board may give directions, which may be either general or addressed to a particular occasion, to meet the case.

Corporation tax, etc.

7. Proceedings which relate to corporation tax.

Proceedings which relate to income tax, but to which a company resident in the United Kingdom and within the charge to corporation tax is a party.

The place where the company or other body concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides.
8. Proceedings relating to tax assessable under section 286, 288 or 289 of the principal Act.The place where the company concerned carries on its trade or business, or in which its head office or principal place of business is situated, or where it resides.

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