12(1)In so far as the question in dispute on any appeal falling within sub-paragraph (2) below—
(a)is or involves a determination of whether this Schedule has effect as respects any provision made or imposed as between any two persons, or of how it so has effect, and
(b)is not a question that would fall to be determined by the Special Commissioners apart from this sub-paragraph,
that question shall be determined by them.
(2)The appeals falling within this sub-paragraph are—
(a)any appeal under section 31 of, or Schedule 1A to, the Management Act;
(b)any appeal under paragraph 34(3) of Schedule 18 to the Finance Act 1998 against an amendment of a company’s return; and
(c)any appeal under paragraph 48 of that Schedule against a discovery assessment or a discovery determination.
(3)Sub-paragraph (4) below applies where—
(a)any such question as is mentioned in sub-paragraph (1) above falls to be determined by the Special Commissioners for the purposes of any proceedings before them; and
(b)that question relates to any provision made or imposed as between two persons [F1each of whom is within the charge to income tax or corporation tax in respect of profits arising from the relevant activities].
(4)Where this sub-paragraph applies—
(a)each of the persons as between whom the actual provision was made or imposed shall be entitled to appear and be heard by the Special Commissioners, or to make representations to them in writing;
(b)the Special Commissioners shall determine that question separately from any other questions in those proceedings; and
(c)their determination on that question shall have effect as if made in an appeal to which each of those persons was a party.
(5)In this paragraph—
“discovery assessment” means a discovery assessment under paragraph 41 of Schedule 18 to the Finance Act 1998 (including one by virtue of paragraph 52 of that Schedule); and
“discovery determination” means a discovery determination under paragraph 41 of that Schedule.
Textual Amendments
F1Words in Sch. 28AA para. 12(3)(b) substituted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), s. 30(8)