COM71060 - Enquiries: CTSA enquiries: enquiry into return for the wrong period
This subject is presented as follows
Filing date and enquiry window for a return made for the wrong period |
Scope of enquiry where return made for the wrong period
Where it appears that a company has made a return for the wrong period, the power to enquire into the return extends to the period for which the return should have been made. (Paragraph 26(1) Schedule 18 Finance Act 1998).
The scope of the enquiry is similarly extended where a return has become a return for the wrong period as a result of a direction under Section 12(5A) ICTA 1988, as to the accounting date to be used where the company carries on several trades.
When is a period the 'wrong period'?
There are two situations where a company may make a return that is a return for the ‘wrong period’. The first is where the company makes a return for a period that is treated in the return as an AP, but it is not an AP. The second is where the return is made on the basis that there is no AP ending in or at the end of the specified period (Word 27KB) , but there is such an AP (Para 26(2)/(4)).
Filing date and enquiry window for a return made for the wrong period
Where a return is made for a wrong period, the time allowed for the issue of a notice of enquiry into that return is determined by reference to the filing date (Word 42KB) for the wrong period rather than by reference to the filing date for the period for which the return should have been made. (Para 26(5)).
Closure Notice for enquiry into the wrong period
If you conclude that the return was for the wrong period, your Closure Notice (Word 28KB) must 'designate' the AP for which a return should have been made, specifying the dates on which the period begins and ends. (Para 32(2)).
Where there is more than one AP ending in or at the end of the period specified in the notice to deliver (Word 29KB), your Closure Notice must designate the first of those APs for which no return has been delivered. Para 35 provides for a return to be delivered for any other outstanding period (Word 28KB) (Para 32(3)).
Your Revenue Amendment will amend the return to make it a return appropriate to the designated period (Para 34(2)).
For more information about the legal background see the Enquiry Manual at EM3885 and the example at EM3886 covering Para 32(3).
COTAX
When you are ready to issue the Closure Notice to end an enquiry into a return made for the wrong period, you must first amend the company's AP record to show the correct period or periods. (See subject ‘Enquiry Into Return For The Wrong Period - Action Guide’ (COM71061).)
You then use Function RAMA (Record / Amend Assessment) to issue the Closure Notice from the AP for which the return should have been made.
You should include a free format message to make it clear that as part of the enquiry conclusions, the Closure Notice also designates the period for which the return should have been made. The Closure Notice will show the start and end dates of the correct AP.
For a list of functions to use in particular situations, see COM71011.
For legislation applying to this subject, see COM71012.
