25
(1)
If in the case of a chargeable transaction no land transaction return is delivered by the filing date, the Inland Revenue may make a determination (a “Revenue determination”) to the best of their information and belief of the amount of tax chargeable in respect of the transaction.
(2)
Notice of the determination must be served on the purchaser, stating the date on which it is issued.
(3)
No Revenue determination may be made more than 4 years after the effective date of the transaction.
Cases considering Schedule 10, paragraph 25 4
[2024] EWCA Civ 92 · 8 February 2024
Paragraph 25 of Schedule 10 was applied to permit a determination where no return had been delivered by the filing date. Because the determination identified the acquisition, property and date without prescribing legal analysis, HMRC could advance any analysis supporting the amount determined. (see paras [30]; [67]-[73])
[2023] UKUT 68 (TCC) · 16 March 2023Limits
The provision identifies the power to make a revenue determination where no return is delivered by the filing date. It was distinguished from the closure notice procedure (see paras [36]; [62]; [72]).
The provision was identified as imposing a four-year limit on revenue determinations. Its separate placement in Part 4 supported the conclusion that paragraph 31 does not govern closure notices (see paras [36]; [62]; [72]).
[2022] UKUT 298 (TCC) · 15 November 2022Interprets
Interpreted as requiring HMRC to determine SDLT chargeable for the chargeable acquisition where no return has been filed. It did not require the determination to identify whether liability followed from section 45 or section 75A (see paras [83] to [87]).
What each judgment says about Schedule 10, paragraph 25 is in the case-law panel in the full Act.