Income Tax Act 2007 section 697

Opposed notifications: determinations by tribunal

Section 697 sets out the procedure that applies when an HMRC officer decides to take further action after receiving a taxpayer's statutory declaration that the anti-avoidance provisions in section 684 do not apply to their transaction.

• Where an HMRC officer sees reason to take further action despite a taxpayer's statutory declaration, the officer must send a certificate to that effect, together with the declaration, to the tribunal
• The officer may also send the tribunal any other documents relevant to the case
• The tribunal must then consider the material and determine whether there is a proper basis for the officer to take further action
• If the tribunal decides there is no case for further action, the officer's notification is treated as if it had never been issued, provided the transaction or transactions under review are the only ones involved

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