Section 185 Notice to potential claimants

(1)

Subsection (2) applies if—

(a)

a relevant notice (see section 190) is given to any person,

(b)

the notice, or anything contained in it, takes account of a transfer-pricing determination, and

(c)

it appears to an officer that there is a person (“DP”) who is or may be a disadvantaged person by reference to the subject-matter of the determination.

(2)

The officer must give to DP a notice containing particulars of the determination.

(3)

A contravention of subsection (2) does not affect the validity—

(a)

of the relevant notice, or

(b)

of any determination to which the notice relates.

(4)

For the purposes of this section, a person is a disadvantaged person by reference to the subject-matter of a transfer-pricing determination if (and only if) the person—

(a)

is entitled, in consequence of the making of the determination, to make or amend a claim under section 174, or

(b)

will be entitled, because of section 212(3), to be a party to any proceedings on an appeal relating to the determination.

(5)

In this section—

“officer” means officer of Revenue and Customs, and
“transfer-pricing determination” means a determination of an amount that is to be brought into account for tax purposes in respect of—
1. (a)
  any assumption made under section 147(3) or (5), or
2. (b)
  any advance-pricing-agreement assumptions (see section 222(6)).

Notes on Part 4

Modifications

C1: Pt. 4 excluded by 2010 c. 4, s. 938N (as inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 5 para. 2)
C2: Pt. 4 excluded (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 2 para. 6(2); S.I. 2011/2329, art. 3
C3: Pt. 4 excluded (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 3(2); S.I. 2011/2576, art. 5
C4: Pt. 4 excluded (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 129(11) (with s. 147, Sch. 17)

Notes on Chapter 4

Modifications

C1: Pt. 4 excluded (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 129(11) (with s. 147, Sch. 17)
C2: Pt. 4 Chs. 1 and 3-6 applied (1.4.2022 in relation to accounting periods beginning on or after that date) by Finance Act 2022 (c. 3), s. 51(1), Sch. 9 paras. 3, 4