Taxes Management Act 1970 Schedule 1AB paragraph 6

Assessment of claimant in connection with claim

Paragraph 6 of Schedule 1AB deals with HMRC's ability to make discovery assessments or determinations on a claimant when a claim under this Schedule reveals grounds for such action, even where normal restrictions would otherwise prevent it.

  • Where a claim under Schedule 1AB also provides grounds for a discovery assessment or determination on the claimant, HMRC may proceed even if normal restrictions would otherwise prevent it
  • A discovery assessment or determination covers assessments under section 29(1) of TMA 1970 and discovery assessments or determinations under Schedule 18 to the Finance Act 1998 for companies
  • Normal restrictions that would be overridden include the protective conditions in section 29(3) to (5), the restrictions in paragraphs 42 to 45 of Schedule 18 to the Finance Act 1998, and any expired time limits
  • The discovery assessment or determination will be treated as in time provided it is made before the claim is finally determined

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