Completion of enquiry
SCHEDULE 10 Stamp duty land tax: returns, enquiries, assessments and appeals
23 (1) An enquiry under paragraph 12 is completed when the Inland Revenue by notice (a “closure notice”) inform the purchaser that they have completed their enquiries and state their conclusions.
(2) A closure notice must either—
(a) state that in the opinion of the Inland Revenue no amendment of the return is required, or
(b) make the amendments of the return required to give effect to their conclusions.
(3) A closure notice takes effect when it is issued.
(5) In this paragraph “substantially performed” and “completed” have the same meanings as in section 44 (contract and conveyance) .
Defined in Sch.17A para.12A(5) · see it in the full ActAuthorised HMRC’s closure notice to amend the return so as to give effect to the conclusion that section 75A imposed tax on the notional transaction. (see para [83])
Treats the closure notice as the instrument by which HMRC states its conclusions and makes any amendment required to give effect to them. Those conclusions informed the scope issue, which the FTT was entitled to leave unresolved. (see paras [11]-[12], [47]-[48]) Cited only. Cited only. Cited only. Cited only. Cited only.
The provision defines completion of an enquiry by issue of a closure notice stating that HMRC’s enquiries are complete and giving their conclusions. It contains no four-year time limit (see paras [64]; [72]-[75]). The provision requires a closure notice either to state that no amendment is required or to make the amendments required to give effect to HMRC’s conclusions. The amended amount of tax due must be stated (see paras [64]; [78]). The provision confirms that a closure notice takes effect when issued. Its wording supported the conclusion that paragraph 31 does not apply to closure notices (see paras [64]; [74]).
What each judgment says about Schedule 10, paragraph 23 is in the case-law panel in the full Act.