EM3212 - Discovery: legislation and time limits: legislation - amendment of partnership statement - Section 30B TMA 1970

Legislation

s30B(1) TMA 1970 - Where an officer of the Board or the Board discover, as regards a partnership statement made by any person (the representative partner) in respect of any period–

  • (a) that any profits which ought to have been included in the statement have not been so included, or
  • (b) that an amount of profits so included is or has become insufficient, or
  • (c) that any relief or allowance claimed by the representative partner is or has become excessive,

the officer or, as the case may be, the Board may, subject to subsections (3) and (4) below, by notice to that partner so amend the partnership return (including anything included in the return by virtue of section 12ABZB(7)(b) (amendment of partnership return following reference to tribunal)) as to make good the omission or deficiency or eliminate the excess.

s30B(2) TMA 1970 - Where a partnership return is amended under subsection (1) above, the officer shall by notice to each of the relevant partners amend–

  • (a) the partner’s return under section 8 or 8A of this Act, or
  • (b) the partner’s company tax return,

so as to give effect to the amendments of the partnership return.

s30B(3) TMA 1970 - Where the situation mentioned in subsection (1) above is attributable to an error or mistake as to the basis on which the partnership statement ought to have been made, no amendment shall be made under that subsection if that statement was in fact made on the basis or in accordance with the practice generally prevailing at the time when it was made.

s30B(4) TMA 1970 - No amendment shall be made under subsection (1) above unless one of the two conditions mentioned below is fulfilled.

s30B(5) TMA 1970 - The first condition is that the situation mentioned in subsection (1) above was brought about carelessly or deliberately by–

  • (a) the representative partner or a person acting on his behalf, or
  • (b) a relevant partner or a person acting on behalf of such a partner.

s30B(6) TMA 1970 - The second condition is that at the time when an officer of the Board–

  • (a) ceased to be entitled to give notice of his intention to enquire into the representative partner’s partnership return; or
  • (b) in a case where a notice of enquiry into that return was given–
  • (i) issued a partial closure notice as regards a matter to which the situation mentioned in subsection (1) above relates, or
  • (ii) if no such partial closure notice was issued, issued a final closure notice,

the officer could not have been reasonably expected, on the basis of the information made available to him before that time, to be aware of the situation mentioned in subsection (1) above.

s30B(7) TMA 1970 - Subsections (6) and (7) of section 29 of this Act apply for the purposes of subsection (6) above as they apply for the purposes of subsection (5) of that section; and those subsections as so applied shall have effect as if–

  • (a) any reference to the taxpayer were a reference to the representative partner;
  • (b) any reference to the taxpayer’s return under section 8 or 8A were a reference to the representative partner’s partnership return; and
  • (c) sub-paragraph (ii) of paragraph (a) of subsection (7) were omitted.

s30B(8) TMA 1970 - An objection to the making of an amendment under subsection (1) above on the ground that neither of the two conditions mentioned above is fulfilled shall not be made otherwise than on an appeal against the amendment.

s30B(9) TMA 1970 - In this section–

“profits”

  • (a) in relation to income tax, means income,
  • (b) in relation to capital gains tax, means chargeable gains, and
  • (c) in relation to corporation tax, means profits as computed for the purposes of that tax;

“relevant partner” means a person who was a partner at any time during the period in respect of which the partnership statement was made.

s30B(10) TMA 1970 - Any reference in this section to the representative partner includes, unless the context otherwise requires, a reference to any successor of his.