Commentary

A7.248C Accelerated payments—partnerships and annual tax on enveloped dwellings

Administration and compliance

A7.248C Accelerated payments—partnerships and annual tax on enveloped dwellings

A7.248C Accelerated payments—partnerships and annual tax on enveloped dwellings

HMRC has the power to issue an accelerated payment notice (APN) to any taxpayer for whom there is an open enquiry, or a matter is under appeal where certain conditions are met1.

The regime applies to income tax, capital gains tax, corporation tax (including amounts chargeable as or treated as corporation tax), the apprenticeship levy, inheritance tax, stamp duty land tax, annual tax on enveloped dwellings (ATED)2

For an overview of the APN provisions, including the conditions that must be met for one to be issued, see A7.248.

This article discusses the APN provisions as they apply to partners in partnership and to annual tax on enveloped dwellings (ATED).

Partnerships

The rules for APN apply to partners in partnerships (known as partner payment notices or PPN) with modifications3. See also the para 2.16 of the HMRC guidance and HMRC factsheet CC/FS24.

The conditions applying to the issue of a PPN are the same as for APN, see A7.248. The exceptions are that the follower notice must be, or have been, given to the representative partner4 and the general anti-abuse rule (GAAR) counteraction/final notice must have been given to the relevant partner5. See A7.248D with regard to restrictions to the surrender of group relief in the case of partnerships with corporate members.

The High Court has confirmed that PPN can also be issued in relation to members

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