This code has been re-issued to reflect some of the amendments to the Proceeds of Crime Act 2002 (POCA) arising from the commencement of the Criminal Finances Act 2017 in Northern Ireland Introduction There are 5 categories of disposals that qualify. Before identifying the category, you must determine the type of company from which the disposal is being made. Types of companies include:

An officer who has reasonable grounds for suspicion may detain the person only for so long as is necessary to carry out the search. [footnote 27] Before carrying out the search the officer may ask questions about the person’s behaviour or presence in circumstances which gave rise to the suspicion. Exceptionally, in categories 1, 2 and 3 (see the section disposals that qualify for Hold-over Relief) the transferee could be the personal representatives of a deceased person. Claims to relief should be made by completing and returning the attached form claim for Hold-over Relief. Each disposal for which further relief is claimed must be shown on a separate form. You can use photocopies if you wish. Where a charity becomes entitled to trust property, except where any consideration has been given to anyone to achieve this situation, the trustees are treated as disposing of the property at a price that gives no chargeable gain or allowable loss. whether the prior approval of a judicial officer or senior officer was obtained. If a search is conducted without prior judicial approval, the reason for not obtaining such approval;These should be your considered estimates, but need not be formal valuations by an expert. They are not regarded as in any way binding on claimants or us. Although in the case of a transfer to a settlement, the claim to hold-over the gain is made by the transferor only, the trustees must be a party to a claim to defer the agreement of values. How to get relief for gifts In categories 1, 2 and 3, the transferee could be the personal representatives of a deceased person, or a company. Where the company is controlled by non-residents who are connected with the transferor, or where a non-resident transferor gifts an asset to a company which they also control, the relief is not available at all. If a written report is required, it should detail the information and circumstances which led the officer to believe that the search powers were exercisable and that it was not practical to obtain prior judicial approval, these factors could include: The Inheritance Tax relief for agricultural land is limited to the agricultural value. Where the value of agricultural land is in excess of its agricultural value (for example, because of development possibilities), the excess does not qualify for relief. This restriction does not apply for the purposes of Hold-over Relief. Category 4: Chargeable transfers for Inheritance Tax purposes in relation to a search undertaken by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Revenue and Customs as equivalent to a police officer of at least the rank of inspector;

generalisations or more stereotypical images that certain groups or categories of people are more likely to be involved in criminal activity. Officers must be aware of their mandatory obligations under the legislation and act in accordance with those duties. This is an absolute requirement regardless of any interpretation of this code or any other document or guidance. Abbreviations used in this code If you submit your Self Assessment tax return online, you can make the claim by attaching a scanned portable document format (PDF) of the completed form. Keep the original form, as HMRC may still ask to see it. When to agree values The length of time for which a person may be detained should be only for so long as is necessary for the exercise of the search. The thoroughness and extent of a search will depend on the type and amount of relevant cash that is suspected of being carried. If the person is being detained under some other power, this aspect of the code may not apply. You need to enter estimated values in the tax return and the claim form. These should be your considered estimates but need not be formal valuations by an expert. They’re not considered binding. However, in the case of a transfer to a settlement, the claim to hold-over the gain is made by the transferor only and the trustees must be a party to a claim to defer the agreement of values. How to get relief for gifts

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References to a person becoming entitled to trust property, are references to the occasion upon which a person becomes absolutely entitled as against the trustee. There is deemed to be a disposal by the trustees to that person (see Helpsheet 294 Trusts and Capital Gains Tax). Gifts and similar transactions Updating the driver version can resolve different compatibility issues, fix related errors spotted throughout the product’s usage, add support for new operating systems, improve transfer speed, as well as bring various other changes.

If a search reveals an item reasonably suspected of containing relevant cash but this is in an article of clothing being worn on the trunk and next to the skin or next to an article of underwear which is next to the skin (for example a money belt) the officer can only invite the person to remove it. If the person refuses there is no power to force the person to remove it. If the base cost is a value, agreement of the value will be needed at both dates in these circumstances. The main conditions of SP8/92 are incorporated in the claim for hold-over forms.

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If the person to be searched does not appear to understand what is being said or the officer has doubts as to the person’s ability to speak and/or understand English, [footnote 26] or that the person is deaf or has difficulty with hearing or speaking, the officer should take reasonable steps to ensure that the person understands. Where desirable and practical someone who can act as an interpreter should be identified, but if no such person can be identified, the search may not proceed if the officer cannot determine whether the person understands. In all cases, the officer should record any difficulties encountered and the reasons for proceeding with any search or for abandoning one. Conduct of searches – persons