CTM20200 - ACT: set-off against CT on profits:
withdrawal or variation of claims
There was no provision in the legislation for withdrawing or
varying claims after they had been made, but any request for a
ICTA88/S239 (3) claim to be withdrawn or varied was dealt with as
follows.
- If the claim had been settled, a request for a withdrawal or
reduction was refused. The company could however make new or
supplementary claims within the two-year time limit.
- If the claim had not been settled, a request for a claim to be
withdrawn, or for a new claim made within the time limit to be
admitted, could be accepted.
A claim was settled when:
- a written decision was given on the claim
and the company did not appeal against it, or
- if the decision was not conveyed in
writing, when an assessment in which the ACT was allowed became
final and conclusive.
When a written decision was given, the claim was then settled
even if the ACT had not then been set-off for the earlier
period.
