PMA: Fixtures: Changes in ownership: Fixed value requirement: Application to tribunal
CAA01/S187A(7)(a) & S562; SI 2013/477
Where the current owner and the past owner are unable to agree an apportionment either party may apply to the First Tier Tribunal in order to satisfy the fixed value requirement. The application must be made before the end of the relevant two year period CA26480. The fixed value requirement will be satisfied when the tribunal determines the value.
If the current owner is unable to obtain the past owner’s co-operation, for example due to the past owner being in liquidation, it is unlikely that the current owner will be able to satisfy the conditions for claiming allowances, and it should not be assumed that a tribunal determination will be evidence of the current owner’s entitlement. In order to claim allowances, the current owner must be able to show that the past owner has met the ‘pooling requirement’ (CA26476) and that the amount claimed has been restricted to the past owner’s original expenditure on the fixtures under CAA01/S185 and S62 (CA26400).
Guidance as to the application process to the Tribunal can be found in the Appeals, Reviews and Tribunals Guidance (“ARTG”) at ARTG7550 onwards.
The party seeking the determination will need to provide an application notice or notice of reference to the Tribunal within the relevant two year period.
Any application must include:
- the name and address of the party making the application
- the name and address of that party’s representative (if any)
- an address where documents for the appellant may be sent or delivered
- the name and address of any respondent
- the facts relevant to the application
- the result sought.
Should either party be unhappy at the decision of the tribunal, the normal rights of appeal are available meaning that the relevant party must apply to the tribunal for review or permission to appeal to the Upper Tribunal (or relevant appellate court if the appeal is against a decision of the Upper Tribunal).