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Section 77G: Liabilities for assessments made after exemption certificate cancelled

Taxes Management Act 1970 · 1970 c. 9View on legislation.gov.uk

Part 7A: Holders of licences under the Petroleum Act 1998

Subsection (7) applies if—

each of conditions A to C is met, and
one of conditions D and E is met.

Condition A is that, after the cancellation under section 77F(3) of a certificate issued under section 77F(2) to a person ("H") who is the holder of a licence, tax related to the licence is assessed on the applicant for the certificate.

Condition B is that the tax is assessed in reliance on—

section 276 of the 1992 Act,
section 874 of ITTOIA 2005, or
section 1313 of CTA 2009.

Condition C is that the tax assessed is not tax under ITEPA 2003.

Condition D is that—

ignoring section 77F, H could be required by a secondary-liability notice to pay all of the tax remaining unpaid under the assessment, and
the profits or chargeable gains in respect of which the assessment is made include (but are not limited to) profits arising, or chargeable gains accruing, while the certificate is in force.

Condition E is that—

as a result of section 77C(3), but ignoring section 77F, H could be required by a secondary-liability notice to pay some, but not all, of the tax remaining unpaid under the assessment, and
the profits or chargeable gains that are—
ones in respect of which the assessment is made, and
related to the licence,

include (but are not limited to) profits arising, or chargeable gains accruing, while the certificate is in force.

In subsection (7)—

  • A is the amount that H could be required to pay as mentioned in paragraph (a) of whichever of conditions D and E is met ("the operative condition"),

  • CIF is the amount of the profits or chargeable gains mentioned in paragraph (b) of the operative condition that are ones arising, or accruing, while the certificate is in force, and

  • NIF is the amount of the profits or chargeable gains mentioned in paragraph (b) of the operative condition that are ones arising, or accruing, while the certificate is not in force.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.