RDRM32035 - Remittance Basis: Accessing the remittance basis: Claiming the remittance basis: Consequential remittance basis claims

Where HMRC has made an assessment or amendment to recover a loss of tax, in certain circumstances a claim that would otherwise be out of time can be made. A claim made as a consequence of a HMRC amendment or assessment to recover a loss of tax where the general claims time limit has passed is a consequential claim.  

Whether a consequential remittance basis claim is allowed will depend on the behaviour that has led to the loss of tax which is being recovered.  

Where the loss of tax has not been brought about by careless or deliberate behaviour, a consequential remittance basis claim is allowed if made within the time limits set out in SACM9005. The reason for this is because section 43A TMA 1970, by virtue of section 43C, applies where HMRC has made an assessment or amendment to recover a loss of tax that hasn’t been brought about by careless or deliberate behaviour. Section 43A allows for all claims and not only claims for relief.    The tax effect of the claim is limited to the amount of additional tax brought into charge by the amendment or assessment. 

Where tax has been lost due to careless or deliberate behaviour, a consequential remittance basis claim is not allowed. The is because section 36(3) TMA 1970, by virtue of section 43C, applies where HMRC is recovering a loss of tax brought about by careless or deliberate behaviour. Unlike section 43A TMA 1970, section 36(3) TMA 1970 restricts the consequential claims allowed to claims to a relief or allowance. A claim to the remittance basis is a claim for an alternative basis of assessment and not a claim for a relief or allowance, so a consequential remittance basis claim under section 36(3) TMA 1970 is not allowed.   

Guidance on consequential claims, including the time limits which apply to these claims, can be found in the Self Assessment Claims Manual (SACM) at SACM9000.