Textual Amendments
F1 See—Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) s. 248(3)—Application of Part Vto appeals concerning election under s. 247 (dividends paid by one member of a group to another).Finance Act 1990 s. 47(8)—appeals against matters arising from part disposals of unit trusts etc. held by a transferor insurance company to be heard by Special Commissioners.Social Security Act 1975 Sch. 2 para. 9 (in Part II Vol. 5)—collection of Class 4 contributions with income tax.Income Tax (Sub-Contractors in the Construction Industry) Regns. 1975 (S.I. 1975 No. 1960) regn. 12(3) (inPart III Vol.5)—Part Vapplied, with modifications, to applications underregn. 12(2)Income Tax (Interest Relief) Regulations 1982 (S.I. 1982 No. 1236) (inPart III Vol.5) regn. 14(5)—applicationof Part Vto appeals under regn.14(3).Personal Equity Plan Regns. 1986 (S.I. 1986 No. 1948) (in Part III Vol. 5) regns. 18(3)and 26(5)mdash;Part Vto apply to appeals against withdrawal of Board's approval of plan managers, and against Board's decisions on annual claims for relief in relation to personal equity plans.Occupational Pension Schemes (Additional Voluntary Contributions) Regns. 1987 (S.I. 1987 No. 1749) (in Part III Vol. 5) regn. 9(5)—Part Vto apply to appeals under S.I. 1987 No. 1749 regn. 9(3).Personal Pension Schemes (Provisional Approval) Regns. 1987 (S.I. 1987 No. 1765) (in Part III Vol. 5) regn. 6(4)—Part Vto apply to appeals under S.I. 1987 No. 1765.Personal Pension Schemes (Relief at Source) Regns. 1988 (S.I. 1988 No. 1013) (in Part III Vol. 5) regn. 11(5)—Part Vto apply to appeals under regn. 11(3).Private Medical Insurance (Tax Relief) Regulations 1989 (S.I. 1989 No. 2387) (in Part III Vol. 5) regns. 14and 17 Part Vto apply to appeals.
Modifications etc. (not altering text)
C1Part V (ss. 44 - 59) applied (30.1.1992) by S.I. 1992/10, reg. 10(3) and by S.I. 1992/12, reg. 10(3)
C2Part V (ss. 44 - 59) applied (with modifications) (N.I.) (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 15(3), 173(4), Sch. 2 para.8 (with s. 108(5))
C3Part V (ss. 44 - 59) applied (with modifications) (6.4.1993) by S.I. 1993/743, reg. 14(2)(4)
C4Part V (ss. 44 - 59) applied (1.10.1993) by S.I. 1993/2004, reg.11(10)
(1)The Board may make regulations—
(a)as respects the conduct of appeals against assessments and decisions on claims under [the Capital Gains Tax Act 1979 F2],
(b)entitling persons, in addition to those who would be so entitled apart from the regulations, to appear on such appeals,
(c)regulating the time within which such appeals or claims may be brought or made,
(d)where the market value of an asset on a particular date, or an apportionment or any other matter, may affect the liability to capital gains tax F3 of two or more persons, enabling any such person to have the matter determined by the tribunal having jurisdiction to determine that matter if arising on an appeal against an assessment, and prescribing a procedure by which the matter is not determined differently on different occasions,
(e)authorising an inspector or other officer of the Board, notwithstanding the obligation as to secrecy imposed by virtue of this or any other Act, to disclose to a person entitled to appear on such an appeal the market value of an asset as determined by an assessment or decision on a claim, or to disclose to a person whose liability to tax may be affected by the determination of the market value of an asset on a particular date, or an apportionment or any other matter, any decision on the matter made by an inspector or other officer of the Board.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
M1(3)Regulations under this section may contain such supplemental and incidental provisions as appear to the Board to be expedient including in particular—
(a)provisions as to the choice of the Commissioners, whether a body of General Commissioners or the Special Commissioners, to hear the appeal where, in addition to the appellant against an assessment, or the claimant in the case of an appeal against the decision on a claim, and in addition to the inspector or other officer of the Board, some other person is entitled to be a party to the appeal, and
(b)provisions corresponding to [section 151 of the Capital Allowances Act F5] (procedure on apportionments where more than one body of General Commissioners has jurisdiction), and
(c)provisions authorising the giving of conditional decisions where, under section 47 of this Act, . . . F6 questions on an appeal against an assessment or a decision on a claim may go partly to one tribunal and partly to another.
(4)Regulations under this section—
(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons, and
(b)shall have effect notwithstanding anything in this Act F7.
Textual Amendments
F2Capital Gains Tax Act 1979 (c. 14 SIF 63:2) s.157(2)andSch.7 para.8for1979—80et seq.
F3 SeeFinance Act 1974 s.47andSch.10 para.5(1)(5)—includes income tax or corporation tax in respect of development gains.
F4 Repealed, as regards disposals after22July1970,byFinance Act 1971 ss.55and 69(7) andSch.14, Part III,subject toFinance Act 1971, s.55andSch.9.
F5Capital Allowances Act 1990 (c. 1, SIF 63:1) s. 164and Sch. 1 para. 1(1).Previously
“section 81 of the Capital Allowances Act 1968”.
F6 Words omitted repealed byCapital Gains Tax Act 1979 s.158andSch.8for1979—80et seq.
F7 For regulations seePart III Vol.5.
Marginal Citations
M11962
Sch. X(2)(3).