Income Tax Act 2007 section 751

The tribunal's jurisdiction on appeals

Section 751 defines the scope of the tax tribunal's powers when hearing appeals against HMRC officer decisions made under the transfer of assets abroad provisions.

• When an appeal reaches the tribunal, it can either confirm or replace any decision made by an HMRC officer under specified sections of the transfer of assets abroad rules
• The tribunal's jurisdiction covers decisions on exemptions for transactions occurring both before and after 4 December 2005, including whether individuals are treated as involved in closely-held companies
• The tribunal can review decisions on whether a transaction qualifies as a "commercial transaction" and on partial exemptions where later associated operations fail to meet the required conditions
• The tribunal also has jurisdiction over decisions preventing duplication of tax charges, specifically the choice of persons against whom income is assessed