PART IVU.K. ASSESSMENT AND CLAIMS F1

Textual Amendments

F1 See alsoIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1) s.252โ€”assessments to rectify excessive set-off etc. of advance corporation tax or tax credit.

Modifications etc. (not altering text)

C1Pt. 4 (ss. 29-43B) applied (with modifications) (6.4.1993) by The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 (S.I. 1993/743), reg. 14(2) (revoked (6.4.2007) by S.I. 2005/2045, Sch. 2)

Time limits F2U.K.

Textual Amendments

F2 See Finance (No. 2) Act 1987 s. 84(7)โ€”nothing in ss.34 to 40applies to assessments made under Finance (No. 2) Act 1987 s. 84.

41 Leave of General or Special Commissioners required for certain assessments. [1964(M) s.6; 1965 Sch.X 1(1); 1966 Sch.VI 8(1), 9(3).]U.K.

(1)An assessment to tax made by virtue ofโ€”

(a)section 36 of this Act, or

(b)so far as they relate to an assessment for a period ending not earlier than six years before the end of the normal year or normal accounting period, section 37, 38 or 39 of this Act, or

(c)section 40(2) of this Act,

may only be made with the leave of a General or Special Commissioner given on being satisfied by an inspector or other officer of the Board that there are reasonable grounds for believing that tax has or may have been lost to the Crown owing to the fraud or wilful default or neglect of any person.

(2)The General or Special Commissioner giving leave to make such an assessment shall take no part in the proceedings, and shall not be present, when any appeal against the assessment is heard or determined F3F4.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F3 See Finance Act 1988 (c. 39, SIF 63:1,2) Sch. 5 para. 9โ€”underwriter's agent.

F4 Repealed by Finance Act 1989 ss. 149(2), 187and Sch. 17 Part VIIIbut not to affect making of assessments before 1983-84or for accounting periods ending before 1April 1983.

F5 A development land tax provision added byDevelopment Land Tax Act 1976 (c. 24) Sch.8 para.10. Development Land Tax Act 1976repealed byFinance Act 1985 s.98(6)andSch.27 Part X.