Taxes Management Act 1970 section 46D

Questions to be determined by the relevant tribunal

Section 46D requires that where a tax appeal involves a dispute over the value of land or a lease of land in the context of chargeable gains, that valuation question must be referred to a specialist lands tribunal rather than being decided by the tax tribunal.

• Where a tax appeal involves a dispute about the value of land or a lease of land, and the dispute relates to the taxation of chargeable gains (whether under capital gains tax or corporation tax), the valuation question must be determined by the relevant lands tribunal
• The section applies to a wide range of appeals, including appeals against amendments to self-assessments, appeals against conclusions or amendments in closure notices, appeals against amendments to partnership returns, and appeals against assessments to tax that are not self-assessments
• The relevant tribunal depends on where the land is located: for land in England and Wales it is the Upper Tribunal; for land in Scotland it is the Lands Tribunal for Scotland; and for land in Northern Ireland it is the Lands Tribunal for Northern Ireland
• The section also covers appeals relating to claims or elections made outside a return, where a closure notice has stated a conclusion, made an amendment, or disallowed the claim or election in whole or in part