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Crossrail Act 2008

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This is the original version (as it was originally enacted).

Modification of transfer schemes: other persons and partnerships

This section has no associated Explanatory Notes

44(1)This paragraph applies if—

(a)a person delivers a return under section 8, 8A or 12AA of TMA 1970,

(b)subsequently, an agreement is made modifying a transfer scheme under paragraph 15 of Schedule 12 to this Act, and

(c)as a result of that, the return is incorrect.

(2)The return may be amended under section 9ZA or 12ABA of TMA 1970 so as to remedy the error, ignoring any time limit which would otherwise prevent that happening.

(3)But an amendment may not be made in reliance on sub-paragraph (2) above more than 12 months after the end of the year of assessment during which the agreement modifying the transfer scheme is made.

(4)If the return is amended under section 12ABA in reliance on sub-paragraph (2) above, subsection (3) of that section applies, ignoring any time limit which would otherwise prevent the officer from proceeding under that subsection.

(5)Sub-paragraphs (6) and (7) below apply if the return is not amended under section 9ZA or 12ABA so as to remedy the error before the end of the 12 month period mentioned in sub-paragraph (3) above.

(6)An officer of Revenue and Customs may proceed under section 29(1) or 30B(1) and (2) of TMA 1970 in relation to the error, ignoring any time limit which would otherwise prevent the officer from so proceeding.

(7)But an assessment or an amendment may not be made in reliance on sub-paragraph (6) above more than 24 months after the end of the year of assessment mentioned in sub-paragraph (3) above.

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