PART IV (Hansard, 27 October 1966)

HC Deb 27 October 1966 vol 734 cc1487-9 1487

420	CERTIFICATION OF APPROPRIATE DEDUCTION
	25. It shall be the duty of the Commission to apply to the inspector appearing to them to be the appropriate inspector for a certificate under this Part of this Schedule in any case where—
425	(a) it appears to the Commission that for the purpose of assessing levy in respect of a chargeable act or event the appropriate deduction is required to be made, or
	(b) the person on whom a notice of assessment of levy is served has, whether before or after the service of that notice but before that notice has resulted in an operative assessment of levy, served on the Commission a notice claiming that the appropriate deduction is so required to be made.
430	26. A notice under paragraph 25(b) of this Schedule need not specify the amount of the deduction claimed and shall have effect if (however expressed) it indicates—
	(a) whether the appropriate deduction is claimed by virtue of Part I or by virtue of Part II of this Schedule;
435	(b) if it is claimed by virtue of Part II of this Schedule, the name of the taxpayer, the date of the act or event which constitutes the taxable disposal in question, the name of the person to whom chargeable gains accrued, or if the assumed tax condition had been fulfilled would have accrued, on that disposal and his address at that date and (in general terms) the nature of that disposal; and
440	(c) such particulars as are sufficient to identify the inspector to whom the person serving the notice made his last return of income for the purposes of the Income Tax Acts.
	27. Any application under paragraph 25 of this section which is made in pursuance of a notice served in accordance with sub-paragraph (b) of that paragraph shall set out the matters indicated in that notice.

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445	28. Without prejudice to the last preceding paragraph, any application under paragraph 25 of this Schedule shall indicate the circumstances, and the operative provision of Part I or Part II of this Schedule, appearing to the Commission to be those by virtue of which, for the purpose of assessing levy in respect of the chargeable act or event in question, the appropriate deduction is or may be required to be made; and, where paragraph 7 or
450	paragraph 8 of this Schedule is so indicated, the application shall state the date of the act or event which constitutes the taxable disposal and the name and address of the person or company to whom chargeable gains accrued, or if the assumed tax condition had been fulfilled would have accrued, on that disposal.
455	29.—(1) For the purpose of dealing with an application under paragraph 25 of this Schedule, the inspector shall assume that the opinion of the Commission indicated in the application as to any matter specified therein is correct in so far as it relates to any question arising under Part I or Part II of this Schedule, except any question whether an act or event constitutes a taxable disposal in accordance with paragraph 1, paragraph 2 or paragraph 9 of this Schedule.
460	(2) On that assumption, the inspector shall issue to the Commission a certificate stating the amount of the appropriate deduction required to be made for the purpose of assessing levy in respect of the chargeable act or event in question, or (as the case may be) stating that no deduction under this Schedule is required to be made for that purpose.
465	30.—(1) Where a certificate is issued to the Commission under the last preceding paragraph—
	(a) if that certificate is received by the Commission before they serve a notice of assessment of levy in respect of the levy to which the certificate relates, they shall send a copy of it with that notice to the person on whom that notice is served;
470	(b) in any other case, the Commission shall, within thirty days after receiving the certificate, send a copy of it to the appropriate person.
	(2) For the purposes of the preceding sub-paragraph—
	(a) if the application for a certificate was made in pursuance of a notice served under paragraph 25(6) of this Schedule, the appropriate person is the person who served that notice;
475	(b) in any other case, the appropriate person is the person appearing to the Commission to be the person who is liable to pay the levy or who, if a notice of assessment of levy in respect of the chargeable act or event in question resulted in an operative assessment of levy, would be liable to pay the levy.
480	(3) Where the Commission send a copy of a certificate in pursuance of sub-paragraph (1) of this paragraph, they shall send with it a copy of the application under paragraph 25 of this Schedule in pursuance of which the certificate was issued.
485	31.—(1) A certificate issued by an inspector under this Part of this Schedule shall be construed as having been issued on the assumption specified in paragraph 29(1) of this Schedule and shall have effect without prejudice to any question whether that assumption is correct or not.
	(2) Subject to the preceding sub-paragraph, any such certificate shall be conclusive evidence of the matter stated in the certificate.
	32.—(1) If, after a certificate under this Part of this Schedule has been issued,—
490	(a) any change (whether in consequence of an appeal, re-assessment or otherwise) is made in the computation of any capital gains tax or corporation tax by reference to which the inspector calculated the deduction specified in the certificate, or, as the case may be, stated in the certificate that no deduction under this Schedule was required to be made, and
	(b) by reason of that change the certificate needs to be revised,
495	the inspector may withdraw the certificate and issue a revised certificate in its place.
	(2) Paragraphs 29(1), 30 and 31 of this Schedule shall have effect in relation to such a revised certificate as they have effect in relation to a certificate issued under paragraph 29(2) of this Schedule.