COM21001 - Assessing: loss determinations (S41 TMA 70): introduction

This guidance relates to CT Pay and File APs and will now rarely need to be used.

Technical Caseworkers should make a determination under Section 41A TMA 1970 for every CT Pay and File AP for which a company claims to have incurred a trade loss or certain amounts surrenderable as group relief.

Determinations under Section 41A TMA 1970 do not apply to CTSA APs as the required figures must be included in the CTSA return form, CT600, and become final with the return.

You need to identify cases that need a determination when examining CT Pay and File returns. Take particular care with those that you clear by making a fastpath (Word 27KB) CT Pay and File assessment at the screening stage.

You cannot make a formal CT Pay and File loss determination using COTAX. Instead you need to make it manually using form CT212.

The rules for making determinations, including the company’s right of appeal, are broadly the same as for making CT Pay and File assessments.

For further information on the assessing rules, see section ‘CT Pay And File Assessments’ (COM20000 onwards) in this business area.