Part 6 HMRC Assessments
Finance Act 2020 (2020 c 14) | Legislation

Part 6 HMRC Assessments

Assessments where loss of tax discovered

19

(1)     If, in respect of an accounting period of a group, an officer of Revenue and Customs discovers that—

(a)     an amount of tax that ought to have been assessed has not been assessed, or

(b)     an assessment to tax is or has become insufficient,

the officer may make an assessment (a “discovery assessmentâ€) in the amount or further amount which ought in the officer's opinion to be charged in order to make good to the Crown the loss of tax.

(2)     This is subject to the restrictions in paragraph 20.

Restrictions on assessments

20

(1)     If a DST return has been delivered in respect of the accounting period, the power to make a discovery assessment—

(a)     may only be made in the two cases specified in sub-paragraphs (2) and (3), and

(b)     may not be made in the circumstances specified in sub-paragraph (5).

(2)     The first case is where the situation mentioned in paragraph 19(1) was brought about carelessly or deliberately on the part of—

(a)     a relevant person, or

(b)     a person acting on behalf of a relevant person.

(3)

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