Finance Act 1996

Further amendments of section 28B

5 (1) In section 28B (amendment of partnership statement following enquiry)—

(a) in subsection (3)(b), for “subsection (1)(b) above” there shall be substituted “subsection (1)(b) or (c) above”; and

(b) in subsection (5)(b), at the end there shall be inserted “and as to any claims or elections into which he has enquired.”

(2) After subsection (6) of that section there shall be inserted the following subsections—

“(6A) Where, in the case of any return made in relation to any period of account—

(a) alternative methods are allowed by the Tax Acts for bringing amounts into account in that return,

(b) the return is made or amended using one of those methods,

(c) a return could have been made in that case using an alternative method, and

(d) an officer of the Board determines which of the alternative methods is to be used by the Board in relation to the partnership for that period,

any enquiry into that return or into an amendment of it shall be conducted, and this section shall have effect, as if the only method allowed for the purposes of the Tax Acts were the method determined by the officer.

(6B) In subsection (6A) above “period of account” has the same meaning as in section 12AB of this Act; and subsection (7B) of section 28A of this Act applies for the purposes of subsection (6A) above as it applies for the purposes of subsection (7A) of that section.”