SCHEDULES
C1SCHEDULE 10Stamp duty land tax: returns, enquiries, assessments and appeals
Part 6Relief in case of F2overpaid tax or excessive assessment
Words in Sch. 10 Pt. 6 heading inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 4(2)
F1Cases in which Commissioners not liable to give effect to a claim
Sch. 10 paras. 34-34E substituted for Sch. 10 para. 34 (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 2
34A
1
The Commissioners for Her Majesty's Revenue and Customs are not liable to give effect to a claim under paragraph 34 if or to the extent that the claim falls within a case described in this paragraph.
2
Case A is where the amount paid, or liable to be paid, is excessive by reason of—
a
a mistake in a claim or election, or
b
a mistake consisting of making or giving, or failing to make or give, a claim or election.
3
Case B is where the claimant is or will be able to seek relief by taking other steps under this Part of this Act.
4
Case C is where the claimant—
a
could have sought relief by taking such steps within a period that has now expired, and
b
knew, or ought reasonably to have known, before the end of that period that such relief was available.
5
Case D is where the claim is made on grounds that—
a
have been put to a court or tribunal in the course of an appeal by the claimant relating to the amount paid or liable to be paid, or
b
have been put to Her Majesty's Revenue and Customs in the course of an appeal by the claimant relating to that amount that is treated as having been determined by a tribunal (by virtue of paragraph 37 (settling of appeals by agreement)).
6
Case E is where the claimant knew, or ought reasonably to have known, of the grounds for the claim before the latest of the following—
a
the date on which an appeal by the claimant relating to the amount paid, or liable to be paid, in the course of which the ground could have been put forward (a “relevant appeal”) was determined by a court or tribunal (or is treated as having been so determined),
b
the date on which the claimant withdrew a relevant appeal to a court or tribunal, and
c
the end of the period in which the claimant was entitled to make a relevant appeal to a court or tribunal.
7
Case F is where the amount in question was paid or is liable to be paid—
a
in consequence of proceedings enforcing the payment of that amount brought against the claimant by Her Majesty's Revenue and Customs, or
b
in accordance with an agreement between the claimant and Her Majesty's Revenue and Customs settling such proceedings.
8
Case G is where—
a
the amount paid, or liable to be paid, is excessive by reason of a mistake in calculating the claimant's liability to tax, and
b
liability was calculated in accordance with the practice generally prevailing at the time.
F39
Case G does not apply where the amount paid, or liable to be paid, is tax which has been charged contrary to EU law.
10
For the purposes of sub-paragraph (9), an amount of tax is charged contrary to EU law if, in the circumstances in question, the charge to tax is contrary to—
a
the provisions relating to the free movement of goods, persons, services and capital in Titles II and IV of Part 3 of the Treaty on the Functioning of the European Union, or
b
the provisions of any subsequent treaty replacing the provisions mentioned in paragraph (a).
Sch. 10 applied (with modifications) (with effect in accordance with Sch. 61 para. 29(2)(a) of the amending Act) by Finance Act 2009 (c. 10), Sch. 61 para. 7(9)