INTM604140 - Transfer of assets abroad: The Tribunal: The Tribunal's jurisdiction in relation to transfer of assets

Jurisdiction in relation to any appeal against amounts chargeable to tax under the transfer of assets legislation lies with the Tribunal. This includes jurisdiction to affirm or replace any decision taken by an officer of HM Revenue and Customs in exercise of the officer’s functions under the following provisions:

  • ITA07/S720A(4) or ITA07/S727A(4) Transfers made by closely-held companies – the involvement condition (INTM600835)
  • ITA07/S737 Exemption - all relevant transactions post-4 December 2005 (INTM602800)
  • ITA07/S738 Meaning of “commercial transaction” (INTM603020)
  • ITA07/S739 Exemption - all relevant transactions pre-5 December 2005 (INTM602780)
  • ITA07/S742 Partial exemption where later associated operations fail conditions (INTM602860)
  • ITA07/S742A Exemption for genuine transactions (INTM603100).
  • ITA07/S743(2) No duplication of charges; choice of persons in relation to whom income is taken into account (INTM602400).

If a person does not comply with a notice under ITA07/S748 (INTM603800) then the Tribunal will consider whether penalties are due under TMA70/S98 (INTM603980).

Comprehensive guidance on how the Tribunal Service operates can be found in the Appeals, Reviews and Tribunals Guidance (ARTG).