CH56100 - Assessing Time Limits: Tables of time limits for relevant taxes: Income Tax & Capital Gains Tax
You should note that there are separate time limits for failure to correct penalties under the Requirement to Correct legislation. For detailed guidance see CH123200.
1a. Assessment
HMRC determination of tax where notice to make a return issued but no return delivered
Time Limit
3 years from the filing date. Subject to transitional provisions before 1 April 2012 - see CH51550
Legislation
TMA70/S28C(5) as amended by FA08/SCH39/PARA2
1b. Assessment
Person’s self-assessment to displace an HMRC determination by filing return
Time Limit
The later of
- 3 years from the filing date, and
- 12 months from the date of the determination. Subject to transitional provisions before 1 April 2012 - see CH51550
Legislation
TMA70/S28C(5) as amended by FA08/SCH39/PARA2
2. Assessment
Person’s routine self-assessment where no HMRC determination has been made (see 1b where there is a determination)
Time Limit
4 years from the end of the year of assessment. Subject to transitional provisions before 1 April 2012 - see CH51550
Legislation
TMA70/S34A as amended by FA08/SCH39/PARA7
3a. Assessment
“Discovery” assessment (or amendment of partnership statement) where loss of tax not due to careless or deliberate behaviour
Time Limit
4 years from the end of the year of assessment
Legislation
TMA70/S34 as amended by FA08/SCH39/PARA7
3b. Assessment
“Discovery” assessment (or amendment of partnership statement) where loss of tax due to careless behaviour of person or agent
Time Limit
6 years from the end of the year of assessment
Legislation
TMA70/S36(1) as substituted by and TMA70/S36(1B) as inserted by FA08/SCH39/PARA9
3c. Assessment
“Discovery” assessment (or amendment of partnership statement) where loss of tax involves an offshore matter or offshore transfer
Time Limit
12 years from the end of the year of assessment except where a longer time limit applies
Legislation
TMA70/S36A(2) as inserted by FA18/Section 80
For 2013-14 and 2014-15 there must be careless behaviour by the person or anyone acting on their behalf for the 12-year offshore time limit to apply.
For 2015-16 onwards the 12-year offshore time limit will apply where there has been no careless or deliberate behaviour.
In every case consider whether relevant overseas information has been provided which means that the lost tax could reasonably have been assessed within “normal” time limits.
Where the behaviour is deliberate the 20 year time limit will apply.
For full detailed guidance on the offshore extended time limit see CH53505.
3d. Assessment
“Discovery” assessment (or amendment of partnership statement) where loss of tax due to deliberate behaviour of person or agent
Time Limit
20 years from the end of the year of assessment
Legislation
TMA70/S36(1A) and (1B) as inserted by FA08/SCH39/PARA9
3e. Assessment
“Discovery” assessment (or amendment of partnership statement) where loss of tax due to person’s failure to provide information about an avoidance scheme
Where the person has a reasonable excuse for the failure with no unreasonable delay they are deemed not to have failed
Time Limit
20 years from the end of the year of assessment or 4 years from the end of the year asssessment where the person has a qualifying reasonable excuse.
Legislation
TMA70/S118 (2) and TMA70/S36(1A)(c) as amended by FA08/SCH39/PARA7
3f. Assessment
“Discovery” assessment where loss of tax due to failure to notify liability to tax.
Where the person has a reasonable excuse for the FTN with no unreasonable delay they are deemed not to have failed
Time Limit
20 years from the end of the year of assessment or 4 years from the end of the year of assessment where the person has a qualifying reasonable excuse.
Legislation
TMA70/S118 (2), TMA70/S34 as amended by FA08/SCH39/PARA7, TMA70/S36 (1A)(b)
If the person has no reasonable excuse and/or did delay unreasonably thereafter he will have failed. For 2008-09 and earlier years the tax loss must also be attributable to the negligent conduct of the person or someone acting on his behalf the time limit will be 20 years from the end of the year of assessment.
3g. Assessment
“Discovery” assessment on personal representatives of a deceased person in respect of years/periods up to date of death
Time Limit
Any assessment has to be made within 4 years of the end of the year of assessment in which the taxpayer died
Legislation
TMA70/S40(1) as amended by FA08/SCH39/PARA11
But no assessment can be made for a year of assessment ending more than 6 years before the date of death, even where the assessment involves a loss of tax due to
- an offshore matter or offshore transfer, or
- the careless or deliberate behaviour of the person (or of the person’s agent while the person was still alive), or the failure of the deceased to notify chargeability to income tax or capital gains tax.
TMA70/S40(2) as amended by FA08/SCH39/PARA11
4a. Assessment
Assessment to recover an over-repayment of tax - no careless or deliberate behaviour
Time Limit
The latest of
- 4 years from the end of the year of assessment concerned,
- the end of the year of assessment next following that in which the excessive repayment was made, and
- the closure of the enquiry into the relevant return by way of final closure notice
Legislation
MA70/S30(5) and TMA70/S34 as amended by FA08/SCH39/PARA7
4b. Assessment
Assessment to recover an overpayment of tax - careless behaviour
Time Limit
The latest of
- 6 years from the end of the year of assessment concerned,
- the end of the year of assessment next following that in which the excessive repayment was made, and
- the closure of the enquiry into the relevant return by way of final closure notice
Legislation
TMA70/S30(5) and TMA70/S36 as amended by FA08/SCH39/PARA9
4c. Assessment
Assessment to recover an overpayment of tax - deliberate behaviour
Time Limit
The latest of
- 20 years from the end of the year of assessment concerned,
- the end of the year of assessment next following that in which the excessive repayment was made, and
- the closure of the enquiry into the relevant return by way of final closure notice
Legislation
TMA70/S30(5) and TMA70/S36 as amended by FA08/SCH39/PARA9
5a. Assessment
Assessment on employment, pension or social security income received after the year of assessment for which it is assessable - no careless or deliberate behaviour
Time Limit
The later of
- 4 years from the end of the year of assessment for which it is assessable, and
- 4 years from the end of the year of assessment in which the income is received
Legislation
TMA70/S35, as amended by FA08/SCH39/PARA8
5b. Assessment
Assessment on employment, pension or social security income received after the year of assessment for which it is assessable - careless behaviour
Time Limit
The later of
- 6 years from the end of the year of assessment for which it is assessable, and
- 6 years from the end of the year of assessment in which the income is received
Legislation
TMA70/S35 and TMA70/S36 as amended by FA08/SCH39/PARA8 and 9
5c. Assessment
Assessment on employment, pension or social security income received after the year of assessment for which it is assessable - deliberate behaviour
Time Limit
The later of
- 20 years from the end of the year of assessment for which it is assessable, and
- 20 years from the end of the year of assessment in which the income is received
Legislation
TMA70/S35 and TMA70/S36 as amended by FA08/SCH39/PARA8 and 9
6a. Assessment
To withdraw or reduce EIS (Enterprise Investment Scheme) relief - no careless or deliberate behaviour
Time Limit
The later of 6 years from the end of the year of assessment in which
- the use of money requirement falls, or
- the event which causes the withdrawal or reduction of relief occurs
Legislation
ITA07/S237 as amended by FA08/SCH39/PARA59
6b. Assessment
To withdraw or reduce EIS (Enterprise Investment Scheme) relief - careless behaviour
Time Limit
The later of 6 years from the end of the year of assessment in which
- the use of money requirement falls, or
- the event which causes the withdrawal or reduction of relief occurs
Legislation
ITA07/S237 as amended by FA08/SCH39/PARA5
6c. Assessment
To withdraw or reduce EIS (Enterprise Investment Scheme) relief - deliberate behaviour
Time Limit
The later of 20 years from the end of the year of assessment in which
- the use of money requirement falls, or
- the event which causes the withdrawal or reduction of relief occurs
Legislation
ITA07/S237 as amended by FA08/SCH39/PARA59
7a. Assessment
To withdraw or reduce CITR (Community Investment Tax Relief) relief - no careless or deliberate behaviour
Time Limit
6 years from the end of the year of assessment for which the relief was obtained
Legislation
ITA07/S372 as amended by FA08/SCH39/PARA60
7b. Assessment
To withdraw or reduce CITR (Community Investment Tax Relief) relief - careless behaviour
Time Limit
6 years from the end of the year of assessment for which the relief was obtained
Legislation
ITA07/S372 as amended by FA08/SCH39/PARA60
7c. Assessment
To withdraw or reduce CITR (Community Investment Tax Relief) relief -deliberate behaviour
Time Limit
20 years from the end of the year of assessment for which the relief was obtained
Legislation
ITA07/S372 as amended by FA08/SCH39/PARA60
8. Assessment
Determinations of income tax due under the PAYE Regulations
Time Limit
As for “discovery” assessments
Legislation
As for “discovery” assessments
9. Assessment
Determinations of CIS deductions due under the CIS Regulations
Time Limit
As for “discovery” assessments
Legislation
As for “discovery” assessments
10. Assessment
Assessments of income tax deductible from company payments
Time Limit
With modifications required by ITA07/S959 (previously ICTA88/ SCH16) as for “discovery assessments”
Legislation
As for “discovery assessments”
11. Assessment
Simple assessments
Time Limit
4 years from the end of the year of assessment
Legislation
TMA70/S28