Corporation Tax Act 2010 section 745

Opposed notifications: determinations by tribunal

Section 745 sets out the procedure that applies when an HMRC officer decides to take further action after receiving a company's statutory declaration opposing a proposed counteraction of a corporation tax advantage, and how the tribunal determines whether there is a prima facie case to proceed.

• Where an HMRC officer sees reason to pursue further action after receiving a company's statutory declaration, the officer must send a certificate to that effect, together with the declaration, to the tribunal, and may also include a counter-statement
• The tribunal must review the declaration, certificate and any counter-statement, and determine whether there is a prima facie case for the officer to take further action on the basis that the company is liable to counteraction of a corporation tax advantage
• If the tribunal determines there is no prima facie case, the counteraction provisions do not apply and no counteraction notice may be served on the company in respect of those transactions
• However, a tribunal determination that there is no case does not prevent HMRC from applying the counteraction provisions to a wider set of transactions that includes the ones covered by the determination alongside additional transactions