COM53013 - Claims / reliefs: other reliefs: legislation

Section

Explanation

87A TMA 1970

Interest is charged from the normal due date (Word 49KB) to the date of payment

109 (3) TMA 1970

Interest under S 87A TMA 1970 not to run beyond date of S419(4) repayment

Schedule 1A TMA 1970

Claims, and so on, not included in returns

S393(1) ICTA 1988

Carry forward of trading losses

S403 ICTA 1988

Losses, and so on, which may be surrendered by way of group relief

S419 ICTA 1988

Loans to Participators

S419(4) ICTA 1988

Relief from charge to tax under S419(1) where loan and so on repaid

S419(4A) ICTA 1988

Defers relief under S419(4) until the normal due date for the AP in which the repayment, release or write-off takes place where it occurs after the due date for the AP in which the loan was made

S419(4B) ICTA 1988, introduced by Para 47 Sch 19 FA 1998

Schedule 1A TMA 1970 applies to claims for S419(4) relief, unless specific conditions satisfied

S 747 ICTA 1988

Imputation of chargeable profits and creditable tax of controlled foreign companies

S 826(4) ICTA 1988

Rules for determining the amount of repayment interest (Word 80KB) payable when repayment of tax is created by giving effect to a claim under S419(4)

Paras 3 & 5 Sch 17A ICTA 1988

Time limits, under CT Pay & File, for making and withdrawing group relief claims

Para 4 Sch 17A ICTA 1988

Time limits, under CT Pay and File, for making and withdrawing group relief claims extended if HMRC allow it

Para 8 Sch 18 FA 1998

Calculation of tax payable for a CTSA AP

Para 15(4) Sch 18 FA 1998

Time limit for company to amend its return

Para 16 Sch 18 FA 1998

Enables HMRC to correct obvious errors or omissions in a company’s tax return

Para 18(4) Sch 18 FA 1998

No account to be taken of S419(4) relief deferred under S419(4A) in calculating the tax base for tax-related (Word 30KB) penalties

Para 31(3) Sch 18 FA 1998

Amendments to return by company during enquiry deferred until enquiry completed

Para 47 Sch 18 FA 1998

Notice of assessment made by HMRC to show date of issue and time limit for appeal

Para 48 Sch 18 FA 1998

Appeal against assessment which is not a self assessment

Para 51 Sch 18 FA 1998

Relief in respect of a mistake in a return

Para 67 Sch 18 FA 1998

Group relief claim to be included in company tax return

Para 68 Sch 18 FA 1998

Content of group relief claims

Para 69 Sch 18 FA 1998

Group relief claims for more or less than the amount available for surrender

Para 69(1) Sch 18 FA 1998

Group relief claims can be made for less than the amount available for surrender

Para 69(2) Sch 18 FA 1998

Group relief claim ineffective if made for more than the amount available for surrender

Para 69(4) Sch 18 FA 1998

Where a company makes and withdraws group relief claims on the same day, the withdrawals are given effect to first

Para 69(5) Sch 18 FA 1998

Where more than one claim made on the same day, which together exceed the amount available for surrender, HMRC can decide which claims are ineffective

Para 69(6) Sch 18 FA 1998

HMRCs power under Para 69(5) limited to bringing total amount claimed as group relief within amount available for surrender

Para 70(1) Sch 18 FA 1998

Every claim to group relief requires consent of surrendering company

Para 70(3) Sch 18 FA 1998

How notice of consent to surrender of group relief to be given

Para 70(4) Sch 18 FA 1998

Group relief claim to be accompanied by copy of notice of consent given by the surrendering company

Para 71 Sch 18 FA 1998

Details required in notice of consent to surrender group relief

Para 71(2) Sch 18 FA 1998

Notice of consent to surrender group relief cannot be amended but must be withdrawn and replaced by another notice of consent

Para 71(3) Sch 18 FA 1998

Withdrawal of a notice of consent to be made by notice to the same HMRC office as that to which the notice was given

Para 71(4) Sch 18 FA 1998

Notice of withdrawal to be accompanied by notice from claimant company signifying its consent to the withdrawal, otherwise it is ineffective

Para 71(5) Sch 18 FA 1998

Claimant company must, as far as it can, amend its return to reflect the withdrawal of consent to the surrender of group relief

Para 72(1) Sch 18 FA 1998

If surrendering company has already made its company tax return for the period to which the surrender relates, it must amend the return to reflect the notice of consent

Para 72(2) Sch 18 FA 1998

If surrendering company has already obtained relief for an amount surrenderable as group relief for a later AP, it must amend its return for that later AP at the same time as it gives the notice of consent

Para 72(3) Sch 18 FA 1998

Normal time limits for amending a company tax return relaxed to permit an amendment under Para 72(1) or (2)

Para 73 Sch 18 FA 1998

Withdrawal or amendment of group relief claim

Para 74 Sch 18 FA 1998

Time limits for group relief claims

Para 74(2) Sch 18 FA 1998

Time limits for withdrawal or claim of group relief extended if HMRC allow it

Para 74(3) Sch 18 FA 1998

Time limits for amendment of a company tax return extended to enable withdrawal or claim of group relief under Para 74

Para 75 Sch 18 FA 1998

Reduction in amounts available for group relief surrender

Para 75(2) Sch 18 FA 1998

30 days time limit for surrendering company to withdraw notices of consent where amount available for surrender is reduced

Para 75(3) Sch 18 FA 1998

Notice of withdrawal of consent to be in writing and sent to each affected company and HMRC

Para 75(4) Sch 18 FA 1998

HMRC can issue direction concerning which notices of consent are ineffective if surrendering company fails to do so under Para 75(3)

Para 75(5) Sch 18 FA 1998

HMRC must issue a copy of direction under Para 75(4) to each claimant company

Para 75(6) Sch 18 FA 1998

Claimant company must amend its return for an AP for which less or no group relief is available if it can

Para 76 Sch 18 FA 1998

HMRC can make an assessment to tax to recover excessive group relief

Part IX Sch 18 FA 1998

Claims for capital allowances

Para 79 Sch 18 FA 1998

Claim to capital allowances to be included in a company tax return

Para 80 Sch 18 FA 1998

Claim to capital allowances must be quantified

Para 81 Sch 18 FA 1998

Claim to capital allowances, once made, can only be amended or withdrawn by amending a company tax return

Para 82 Sch 18 FA 1998

Time limit for claims to capital allowances

Para 83 Sch 18 FA 1998

Consequential amendment of return for another AP where amount of capital allowances available is reduced

Para 83(2) Sch 18 FA 1998

Company obliged to amend its return within 30 days where amount of capital allowances available is reduced

Para 83(3) Sch 18 FA 1998

HMRC can amend a company tax return, where amount of capital allowances available is reduced, if company fails to do so

Para 83(4) Sch 18 FA 1998

Time limit for amending company tax return extended to allow amendment under Para 83(2) or (3) where amount of capital allowances available is reduced

Para 83(5) Sch 18 FA 1998

Company can appeal against a Revenue amendment of company tax return under Para 83(3) where amount of capital allowances available is reduced

Para 83(6) Sch 18 FA 1998

Specifies the requirements of an appeal made under Para 83(5)

Para 47(3) Sch 19 FA 1998

Amends S419(4) so that relief is given by reducing the tax payable for the AP where the claim is made in, or by amending, a CTSA company tax return and relief is due at the time the claim is made