SCHEDULES

C5C1C3C4C2C6C7C8C9C10SCHEDULE 36Information and inspection powers

Annotations:
Modifications etc. (not altering text)
C5

Sch. 36 applied (with modifications) (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 60(1)(2) (with reg. 1(4)(6))

C4

Sch. 36 applied (with modifications) (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 33(2)(3) (with reg. 1(4)(6))

C6

Sch. 36 applied (with modifications) (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 61 (with reg. 1(4)(6))

C7Part 4Restrictions on powers

F1Taxpayer notices following land transaction return

Annotations:
Amendments (Textual)

21A

1

Where a person has delivered a land transaction return under section 76 of FA 2003 (returns for purposes of stamp duty land tax) in respect of a transaction, a taxpayer notice may not be given for the purpose of checking that person's stamp duty land tax position in relation to that transaction.

2

Sub-paragraph (1) does not apply where, or to the extent that, any of conditions A to C is met.

3

Condition A is that a notice of enquiry has been given in respect of—

a

the return, or

b

a claim (or an amendment of a claim) made by the person in connection with the transaction,

and the enquiry has not been completed.

4

In sub-paragraph (3) “notice of enquiry” means a notice under paragraph 12 of Schedule 10, or paragraph 7 of Schedule 11A, to FA 2003.

5

Condition B is that, as regards the person, an officer of Revenue and Customs has reason to suspect that—

a

an amount that ought to have been assessed to stamp duty land tax in respect of the transaction may not have been assessed,

b

an assessment to stamp duty land tax in respect of the transaction may be or have become insufficient, or

c

relief from stamp duty land tax in respect of the transaction may be or have become excessive.

6

Condition C is that the notice is given for the purpose of obtaining any information or document that is also required for the purpose of checking that person's position as regards a tax other than stamp duty land tax.