Taxes Management Act 1970

[F146DQuestions to be determined by [F2the relevant tribunal].U.K.

(1)In so far as the question in dispute on an appeal to which this section applies—

(a)is a question of the value of any land or of a lease of land, and

(b)arises in relation to the taxation of chargeable gains (whether under capital gains tax or corporation tax) or in relation to a claim under the 1992 Act,

the question shall be determined by the [F3relevant tribunal].

(2)This section applies to—

[F4(a)an appeal against an amendment of a self-assessment under section 9C of this Act or paragraph 30 of Schedule 18 to the Finance Act 1998;

(aa)an appeal against an amendment of a return under paragraph [F534] of Schedule 18 to the Finance Act 1998;

(b)an appeal against a conclusion stated or amendment made by a closure notice under section 28A or 28B of this Act;

(c)an appeal against an amendment of a partnership return under section 30B(1) of this Act;]

(d)an appeal against an assessment to tax which is not a self-assessment;

(e)an appeal against [F6a conclusion stated or amendment made by a closure notice under paragraph 7(2) of Schedule 1A to this Act relating to] a claim or election made otherwise than by being included in a return;

(f)an appeal against a decision contained in a [F7closure notice under paragraph 7(3)] of Schedule 1A to this Act disallowing in whole or in part a claim or election made otherwise than by being included in a return.

(3)In this section “the [F8relevant tribunal]” means—

(a)in relation to land in England and Wales, the [F9Upper Tribunal];

(b)in relation to land in Scotland, the Lands Tribunal for Scotland;

(c)in relation to land in Northern Ireland, the Lands Tribunal for Northern Ireland.]

Textual Amendments

F1Ss. 46B, 46C, 46D substituted for s. 47 (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 1996 (c. 8), Sch. 22 para. 7

F4S. 46D(2)(a)(aa)(b)(c) substituted for s. 46D(2)(a)-(c) (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 29(2)

F5Word in s. 46D(2)(aa) substituted (1.4.2010) by Finance Act 2008 (c. 9), s. 119(12)(a)(iii)(13); S.I. 2009/405, art. 2

F6Words in s. 46D(2)(e) substituted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 29(3)

F7Words in s. 46D(2)(f) inserted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 29(4)