Part 4Revenue determination if no return delivered
Determination of tax chargeable if no return delivered
25(1)If in the case of a chargeable transaction no land transaction return is delivered by the filing date, the Inland Revenue may make a determination (a “Revenue determination”) to the best of their information and belief of the amount of tax chargeable in respect of the transaction.
(2)Notice of the determination must be served on the purchaser, stating the date on which it is issued.
(3)No Revenue determination may be made more than six years after the effective date of the transaction.
Determination to have effect as a self-assessment
26(1)A Revenue determination has effect for enforcement purposes as if were a self-assessment by the purchaser.
(2)In sub-paragraph (1) “for enforcement purposes” means for the purposes of the following provisions of this Part of this Act—
(a)the provisions of this Schedule providing for tax-related penalties;
(b)section 87 (interest on unpaid tax);
(c)section 91 and Schedule 12 (collection and recovery of unpaid tax etc).
(3)Nothing in this paragraph affects any liability of the purchaser to a penalty for failure to deliver a return.
Determination superseded by actual self-assessment
27(1)If after a Revenue determination has been made the purchaser delivers a land transaction return in respect of the transaction, the self-assessment included in that return supersedes the determination.
(2)Sub-paragraph (1) does not apply to a return delivered—
(a)more than six years after the day on which the power to make the determination first became exercisable, or
(b)more than twelve months after the date of the determination,
whichever is the later.
(3)Where—
(a)proceedings have been begun for the recovery of any tax charged by a Revenue determination, and
(b)before the proceedings are concluded the determination is superseded by a self-assessment,
the proceedings may be continued as if they were proceedings for the recovery of so much of the tax charged by the self-assessment as is due and payable and has not been paid.