28
(1)
If the Inland Revenue discover as regards a chargeable transaction 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, or
(c)
relief has been given that is or has become excessive,
they may make an assessment (a “discovery assessment”) in the amount or further amount that ought in their opinion to be charged in order to make good to the Crown the loss of tax.
(2)
The power to make a discovery assessment in respect of a transaction for which the purchaser has delivered a return is subject to the restrictions specified in paragraph 30.
Cases considering Schedule 10, paragraph 28 3
[2018] UKSC 30 · 13 June 2018
A discovery assessment under this provision was unnecessary because HMRC could amend the existing return following its inquiry. (see paras [82]-[84])
[2025] UKUT 156 (TCC) · 28 May 2025
Applies the discovery-assessment power to the SDLT loss arising from the section 75A notional transaction. (see paras [99], [110])
[2023] UKUT 68 (TCC) · 16 March 2023Defines
The provision describes the power to make a discovery assessment where tax has not been assessed, an assessment is insufficient, or relief is excessive. The Tribunal did not determine the alternative discovery assessment appeal (see para [37]; [81]).
What each judgment says about Schedule 10, paragraph 28 is in the case-law panel in the full Act.