Commentary

D9.133 The statutory declaration

Corporate tax
Corporate tax | Commentary

D9.133 The statutory declaration

Corporate tax | Commentary

D9.133 The statutory declaration

The provisions in this article were repealed for income tax purposes for transactions in securities occurring on or after 6 April 2016 in order to align the income tax administration more closely with the process for compliance checks under self-assessment.

If a taxpayer on whom a preliminary notification (D9.132) has been served is of the opinion that the provisions do not apply to him, he may, within 30 days of the issue of the notification, make and send to an HMRC officer a statutory declaration to that effect, stating the facts and circumstances on which that opinion is based. Unless the officer sends the declaration to the Tribunal (see below), no counteraction notice may be served in respect of the specified transactions1.

If the officer sees reason to proceed with counteraction, he must send a certificate to that effect to the Tax Chamber of the First-tier Tribunal along with the taxpayer's declaration and may also send a counter-statement setting out his reasons for proceeding2. The taxpayer is not entitled to see the counter-statement, which will include answers to the arguments in the taxpayer's declaration.

The function of the Tribunal in

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