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Legislation
Finance Act 2001

Crossheading Other special cases

  • Section 35 Groups of companies etc
  • Section 36 Partnerships and other unincorporated bodies
  • Section 37 Insolvency etc
  • Section 38 Death and incapacity
  • Section 39 Transfer of a business as a going concern
  1. Other special cases
  2. Death and incapacity

Section 38 | Death and incapacity

From legislation.gov.uk

(1)The Commissioners may, in accordance with subsection (2) below, by regulations make provision for the purposes of aggregates levy in relation to cases where a person carries on a business of an individual who has died or become incapacitated.

(2)The provisions that may be contained in regulations under this section are—

(a)provision requiring the person who is carrying on the business to inform the Commissioners of the fact that he is carrying on the business and of the event that has led to his carrying it on;

(b)provision allowing that person to be treated for a limited time as if he and the person who has died or become incapacitated were the same person; and

(c)such other provision as the Commissioners think fit for securing continuity in the application of this Part where a person is so treated.

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