CG16410 - Valuation: more than one interested person: Regulations

The important regulations are:

REGULATION 8

This regulation determines who may be entitled to be joined as a party to an appeal and contains the procedure for joining a person to an appeal, see CG16430 and CG16470.

Under regulation 8(7) any party to the appeal has the same rights as an appellant in relation to that appeal, which would include a right to express dissatisfaction and to require a stated case.

REGULATION 9

This regulation allows persons who are entitled to be joined as parties to an appeal to apply to the Tribunal to determine the relevant market value or apportionment, see CG16570.

REGULATION 11

A decision of the Tribunal binds

  • the parties to the appeal and
  • any person who applied to be joined as a third party, who received adequate notice of the appeal and whose application was accepted and
  • any person who was entitled to apply to be joined as a third party, who received adequate notice of the appeal and did not make an application to be joined which was rejected.

It does not bind a person who applied to be joined in the appeal but whose application was rejected.

Valuations or apportionments for Capital Gains Tax may be determined by agreement or by the First-tier Tribunal or, where the regulation requires, by another tribunal, for example the Lands Tribunal. A determination made by the First-tier Tribunal or by another tribunal is to be recorded at the request of any party to the proceedings.

REGULATION 12

Where there is more than one person who is entitled to be a party to an appeal it is important that any determination of an appeal by agreement is agreed with all of them or is made binding on all of them. To do this you should take the following action

  • ensure that every interested person is made a party to the appeal by taking the action outlined at CG16470.
  • reach an agreement on the valuation or the apportionment with each of the persons who have made an application under regulation 8(2), see CG16470.
  • obtain an agreement under TMA70/S54 with the appellant.

If you carry out the above procedure and none of the interested persons resile from the determination of the appeal you will not only bind the original appellant and any persons who applied to be joined as a party to that appeal but also

  • any persons to whom you issued the notices outlined at CG16470 who did not apply to be a party to the appeal

and

  • any persons against whom the agreement will be conclusive by virtue of regulation 13.

The agreement will not be binding on any interested person to whom you have not sent a notice in accordance with CG16470.

REGULATION 13

This regulation determines which persons are bound by a determination of a market value or apportionment.

REGULATION 14

If you reach an agreement with

  • an appellant, or
  • any person who has applied to be joined as a party to the appeal, or
  • any person to whom you have issued an invitation to become a party to that appeal and who is therefore bound by the agreement

that agreement is final and conclusive unless regulation 14 applies.

The agreement will not be conclusive if it is shown that any form of fraud or wilful default committed by or on behalf of any of the persons above contributed to the agreement that was reached.

REGULATION 16

This regulation directs the Inspector to notify interested parties of their entitlement to be joined in an appeal, see CG16470.