Commentary

B6.774 ATED returns, enquiries, assessments and other administrative matters

Business tax
Business tax | Commentary

B6.774 ATED returns, enquiries, assessments and other administrative matters

Business tax | Commentary

B6.774 ATED returns, enquiries, assessments and other administrative matters

This article describes the provisions that were introduced to deal with returns, enquiries, assessments, appeals and other matters relating to ATED1. The Treasury may by regulations make amendments to the provisions and to any other ATED provision that may be necessary in consequence2.

As described in B6.701, the ATED rules are based on the SDLT self-assessment regime, found primarily in FA 2003, Sch 10, which allows ATED to use established procedures.

ATED returns

The Commissioners of HMRC are empowered to make provisions by regulation for the contents, form and method of delivery or to make different provision for different purposes. It provides the requirement of the return to include a declaration by the person that the return is complete and correct. A return is treated as containing any information provided by the person making the return for the purpose of completing the return3. The information which the Commissioners may require a chargeable person to include in a return is set out in statutory instrument4.

References in the ATED legislation to the delivery of an ATED return are to delivery in accordance with the above requirement and those described in B6.771, B6.771A, B6.773, and references to the delivery of a return of the adjusted chargeable amount are to delivery in accordance with that requirement and those described in B6.772, B6.7735.

Amending an ATED return

A person who has delivered a return may amend the return by notice to an officer of HMRC. The Commissioners of HMRC

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial