Modifications etc. (not altering text)
C1Sch. 10 applied (with modifications) (with effect in accordance with Sch. 61 para. 29(2)(a) of the amending Act) by Finance Act 2009 (c. 10), Sch. 61 para. 7(9)
Textual Amendments
F1Words in Sch. 10 Pt. 6 heading inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 4(2)
Textual Amendments
F2Sch. 10 paras. 34-34E substituted for Sch. 10 para. 34 (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 2
34D(1)This paragraph applies where—U.K.
(a)a claim is made under paragraph 34,
(b)the grounds for giving effect to the claim also provide grounds for a discovery assessment on the claimant in respect of any land transaction, and
(c)such an assessment could be made but for a relevant restriction.
(2)The reference to the claimant in subsection (1)(b) includes—
(a)in relation to a claim for an amount paid or liable to be paid in respect of a land transaction entered into as purchaser by or on behalf of the members of a partnership (within the meaning of Schedule 15), a responsible partner within the meaning of paragraph 6(2) of Schedule 15;
(b)in relation to a claim for an amount paid or liable to be paid in respect of a land transaction entered into by trustees of a settlement (within the meaning of Schedule 16), a responsible trustee within the meaning of paragraph 5(3) of Schedule 16.
(3)The following are relevant restrictions—
(a)the restrictions in paragraph 30, and
(b)the expiry of a time limit for making a discovery assessment.
(4)Where this paragraph applies—
(a)the relevant restrictions are to be disregarded, and
(b)the discovery assessment is not out of time if it is made before the final determination of the claim.
(5)A claim is not finally determined until it, or the amount to which it relates, can no longer be varied (whether on appeal or otherwise).]