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Finance Act 2015

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57In Schedule 36 to FA 2008 (information and inspection powers), after paragraph 21 insert—E+W+S+N.I.

Taxpayer notices following NRCGT returnE+W+S+N.I.

21ZA(1)Where a person has delivered an NRCGT return with respect to a non-resident CGT disposal, a taxpayer notice may not be given for the purpose of checking the person's capital gains tax position as regards the matters dealt with in that return.

(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 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 relation to the chargeable period,

and the enquiry has not been completed.

(4)In sub-paragraph (3) “notice of enquiry” means a notice under section 12ZM of TMA 1970.

(5)Condition B is that an officer of Revenue and Customs has reason to suspect that—

(a)an amount that ought to have been assessed under section 12ZE of TMA 1970 as payable on account of the person's liability to capital gains tax for the tax year to which the return relates has not been so assessed by the filing date for the return, or

(b)an assessment under section 12ZE of TMA 1970 of the amount payable on account of P's liability to capital gains tax for the tax year to which the return relates has become insufficient.

(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 capital gains tax.

(7)In this paragraph—

  • NRCGT return” has the meaning given by section 12ZB of TMA 1970;

  • non-resident CGT disposal” has the meaning given by section 14B of TCGA 1992.

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