SVM118010 - Statutory Notices: Capital Gains Tax - Introduction
For Capital Gains Tax, the statutory means of resolving delay or dispute varies, depending on whether the valuation is required in connection with an occasion covered by SA / CTSA or is in connection with a pre - SA / CTSA occasion of charge. Any pre SA cases should now be managed by the Appeals Team.
For SA / CTSA cases, if there is delay in producing information or documents that are reasonably required for the purposes of checking the person’s tax position, Schedule 36 Finance Act 2008 authorises an officer to issue a notice requiring the person (see Appendix A SVM118100 for an example) to produce that information or those documents.
For these purposes a Person has a wide meaning. It includes, amongst others: -
- An individual, including someone who has died
- A company including one that has ceased to exist
- A trustee
- A personal representative
There are, in effect, four types of notices: -
Taxpayer notice |
Requiring the person to provide information or documents to check their own tax position |
Taxpayer notice (without notice) |
Requiring the person to provide information or documents to check their own tax position but with no right of appeal against the notice |
Third - party notice |
Requiring a third - party to provide information or documents to check another person’s tax position |
Identity unknown notice |
Requiring a person to provide information or documents to check the tax position of a person, or class of person whose identities are unknown |
Taxpayer Notices are to be drafted by the valuer and referred to the Appeals Team before issue - see Appendix B - SVM118110.
Taxpayer (without notice), Third party and Identity Unknown Notices must first be discussed with the Appeals Team before a draft notice is prepared - see SVM118020 and SVM117010.
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Additional Guidance: SVM150000 |
