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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Land: valuation: unagreed: referral to Lands Tribunal

Under the provisions of TMA70/S46D (1) the Lands Tribunal is the relevant tribunal for England and Wales and has the jurisdiction to determine the value of

  • land, or
  • a lease of land

in England and Wales where that value arises in any appeal in relation to

  • Capital Gains Tax
  • Corporation Tax on capital gains
  • a claim under TCGA92.

The jurisdiction applies to

  • an amendment of a self-assessment
  • an amendment of a return
  • a conclusion stated or amendment made by a closure notice
  • an amendment of a partnership return
  • an assessment to tax which is not a self-assessment;
  • a conclusion stated or amendment made by a closure notice relating to a claim or election made otherwise than by being included in a return
  • a decision contained in a closure notice disallowing in whole or in part a claim or election made otherwise than by being included in a return.

The Lands Tribunals for Scotland and for Northern Ireland are the relevant tribunals with similar jurisdiction for land in Scotland and Northern Ireland.