COM21020 - Assessing: loss determinations (S41 TMA 70): estimated determinations

If you are a Technical Caseworker, you can make an estimated determination or determinations for a CT Pay and File AP to the best of your judgement, when a return

• Has not been received

Or

• Has been received but you are not satisfied with it

This can be a NIL determination (S41A (8) TMA 1970).

This power lets you progress the settlement of a loss making company’s affairs by

• Making a determination

Or

• Provoking an appeal

If, exceptionally, you need to make an estimated determination, you should use form CT212. Only do so when

• You need a figure for the purposes of a dispute which the company has referred to the Tribunal (Word 34KB). (For more information see the Appeals, reviews and tribunals Guidance (ARTG) Manual.)
• A company has failed to deliver a return for two successive return periods

Note: When you review the position for the second period, 18 months after the end of the AP, make an estimated NIL determination for the first period if this has not already been done

• Exceptionally, the penalty provisions (and where appropriate, an estimated assessment) do not encourage the company to submit its return and accounts

For a list of forms relevant to this subject, see COM21011.

For legislation applying to this subject, see COM21013.