100Taxpayer notices following a tax returnE+W
(1)Where a person has made a tax return for a tax period, a taxpayer notice may not be issued for the purpose of checking that person's tax position for that period.
(2)Where a person has made a tax return in relation to a transaction, a taxpayer notice may not be issued for the purpose of checking a person's tax position in relation to that transaction.
(3)Subsections (1) and (2) do not apply where (or to the extent that) either condition 1 or 2 is met.
(4)Condition 1 is that a notice of enquiry has been issued in respect of—
(a)the tax return, or
(b)a claim (or an amendment of a claim) made by the person in relation to the tax period or the transaction to which the return relates,
and the enquiry has not been completed.
(5)Condition 2 is that, as regards the person, WRA has reason to suspect that—
(a)an amount that ought to have been assessed to a devolved tax for the tax period or in relation to the transaction may not have been assessed,
(b)an assessment to a devolved tax for the tax period or in relation to the transaction may be or have become insufficient, F1...
(c)relief from a devolved tax given or claimed for the tax period or in relation to the transaction may be or have become excessive,
[F2(d)an amount of tax credit to which the person is not entitled may have been claimed, or
(e)a claim for tax credit may be or have become excessive.]
(6)Where any partner in a partnership has made a tax return, this section has effect as if that return had been made by each of the partners.
(7)References in this section to a person who has made a tax return refer only to that person in the capacity in which the return was made.
Textual Amendments
F1Word in s. 100(5) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101), reg. 1(2), Sch. para. 21(a)
F2S. 100(5)(d)(e) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101), reg. 1(2), Sch. para. 21(b)
Modifications etc. (not altering text)
C1S. 100 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1), s. 81(2)(3), Sch. 7 para. 43(7); S.I. 2018/34, art. 3
Commencement Information
I1S. 100 in force at 25.1.2018 by S.I. 2018/33, art. 2(c)