INTM215140 - Controlled Foreign Companies: before CTSA

Notice of direction: revision of chargeable profits or creditable tax

ICTA88/S753 (6)

The Inspector may find that the amount of the chargeable profits or creditable tax given in a notice of direction is wrong. Or the Inspector may find that the amount of the chargeable profits or creditable tax given in a notice of amendment for a revised accounting period is incorrect. In such cases, the Inspector needs to give notice of the right amount to every company to which the Board first gave notice of the direction, or of the amendment to it.

A company that receives a notice of a revised amount of chargeable profits or creditable tax may appeal to the Special Commissioners against the revised amount. It does this by giving a notice of appeal in writing to the Board. It must do it within sixty days of the date of the notice given by the Inspector. The company cannot appeal, however, if the revised amount of chargeable profits or creditable tax results from either:

  • an appeal against the notice of direction, or
  • a notice given to the Board under ICTA88/Sch24/Para 4 (2) (disclaimer of reliefs - see INTM209100).

The Inspector can thus increase or reduce the amount of chargeable profits or creditable tax shown in a notice of direction. An appeal is not needed to do this if the facts support the change. There is no similar way to amend Chapter IV assessments.