EM2163 - Working the enquiry: partial closure notices: partners and partnerships

The section explains the interaction between

  • enquiries into a personal or trustee return opened under TMA70 section 9A, or enquires into a company tax return under FA98 Schedule 18 para 24,   
  • enquiries opened into a partnership return under TMA70 section 12AC

A partner in an ITSA partnership can be an individual, a trust or a company. Partners must include both their non-partnership income and their share of the partnership income on their own Self Assessment return (the partner바카라 사이트™s 바카라 사이트˜individual return바카라 사이트™).

If you are enquiring into the return of a partner, where they have partnership income that is subject to a partnership enquiry, you should get agreement from the caseworker carrying out the partnership enquiry before you issue a partial closure notice (PCN) or final closure notice (FCN) to a partner.

An enquiry opened into a partner바카라 사이트™s individual return is into the whole return, even if only specific matters are referred to in the notice of intention to enquire, see EM1502. A PCN can only be issued for an enquiry if there is at least one further matter still being checked. For a partner, this will not always be obvious if the partnership return is also under enquiry, because there may be matters in the partner바카라 사이트™s return (or required to be in the partner바카라 사이트™s return) that will be affected by the outcome of the enquiry into the partnership return.

The outcome of a partnership enquiry may be that entries in the partnership return are amended under TMA70, s28B. As a consequence, the partners바카라 사이트™ individual returns must be amended under TMA70 s28B(4). We do not need to have an open enquiry into a partner바카라 사이트™s individual return to make amendments as a consequence of partnership return being amended, see EM7560.

Alternatively, the outcome of a partnership enquiry may be that entries on the partnership return are not amended. Instead the partner바카라 사이트™s individual return has to be amended under TMA70 s28A based on information gathered during the course of the partnership enquiry. To make an amendment under s28A, the partner바카라 사이트™s return must be subject to an open enquiry under

  • TMA70 s9A for an individual  
  • TMA70 s12ZM for NRCGT
  • FA98 Schedule 18 para 24(1) for a company

If a FCN has been issued for an enquiry into a partner바카라 사이트™s individual return, we are prevented from making any further amendments under TMA70 s28A.

So if you have an open enquiry into a partner바카라 사이트™s individual return, you should not issue an FCN, see EM2160, if there is:

  • an open enquiry into the partnership return for the same year, and
  • the possibility that entries on the partner바카라 사이트™s individual return will need to be amended as a result of the partnership enquiry.

You will need to obtain confirmation of the partnership enquiry position from the officer handling that enquiry.