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HMRC internal manual

Capital Gains Manual

Targeted rules to prevent income to capital converter schemes by companies - notice provisions

TCGA92/S184G and H notices may be issued before or after a self assessment return is made and (exceptionally) may be made on a discovery basis after the return enquiry window has closed.

The only effect of the notice is to switch on the legislation in relation to the arrangement(s).

Notices under TCGA92/S184G and H may only be made by the Deputy Director for Capital Gains Technical Group. If you have established the relevant facts and considered them in the light of the guidance in CG44100+ you should re-submit your case to Capital Gains Technical Group who will confirm whether a notice will be issued. You should do this before you mention the issue of a notice in correspondence with the company or its advisers.

Where it is agreed that the legislation applies then the matter should be resolved through amendment to self-assessment, without the need for a notice.