RDRM32030 - Remittance Basis: Accessing the remittance basis: Claiming the remittance basis: Claims - Time Limits

The time limits for making claims are set out in Section 43 TMA 1970.

The general time limit as set out in TMA70/s43(1) for making a claim also applies to making a claim for the remittance basis.

From 1 April 2010 the time limits are 4 years after the end of the year of assessment to which it relates. Please refer to the Self-Assessment Claims Manual (SACM) for further details.

The Taxes Acts may prescribe a longer or shorter period in respect of certain claims, and if that is the case then that time limit will override the general rule of S43(1).

S43(2) extends the time limit in certain circumstances. This information is held in the Self-Assessment Claims Manual (SACM 9000 onwards).

Late claims

A late remittance basis claim is a claim made outside the statutory time limit, when HMRC is not making an assessment or amendment to increase the amount of tax due.

A remittance basis claim made when HMRC is making an assessment or amendment to increase the amount of tax due is a consequential claim, rather than a late claim. (See RDRM32035 for consequential remittance basis claims).

If it is possible that a claim might not be made within the statutory time limit, the individual must tell HMRC of the intention to make the claim. This must stipulate:

• the nature of the claim, (whether s809B or s809C)
• the year for which it is to be made

SACM3035 explains HMRC’s late claims policy.