SAM110230 - Repayments: issue
repayment: S144 TCGA adjustments
This subject is concerned only with the clerical procedures
that should beconsidered following notification of the exercising of an
option under S144 TCGA.More detailed advice about S144 TCGA is provided in the
Capital Gains Manual.
Where an option is exercised under S144 TCGA any tax charged on
the original grant will need to be discharged by either set-off or
repayment. Assessments, including self assessments,
should not be amended following the exercising of
an option. Taxpayers may notify their responsible office that the
option has been exercised either on a return, or separately.
Since the assessment is not amended
- The adjustment has no effect upon the payments on
account for the following year, which remain in the amounts set up
before the notification was made
- The return figures for the year should not be
changed
- The overpayment due as a result of the exercise of
the option should be calculated clerically. Where liability for any
year is outstanding (or will become due within 45 days) the
overpayment should be dealt with by set-off. Where there are no
outstanding liabilities, the overpayment should be dealt with by
repayment.
Adjustment by repayment / set-off
Where adjustment is to be made by repayment or set-off SA
function CREATE FREESTANDING CREDIT will be used to enter a credit
on the SA record.
Following the use of this function
- A credit will be created on the SA record which
will be available for repayment or allocation against an SA
charge
- A work item will be created and entered on the
‘Freestanding Credit Review’ Work List
- The No Repayment signal will be set automatically.
(The setting of this signal will prevent an automatic repayment and
possible over-repayment being made when the return is
received)
- You will be taken to function VIEW STATEMENT, from
which you may want to access function ISSUE REPAYMENT FROM OVERPAID
BALANCE. If repayment is not appropriate, you should exit that
function
- You should use SA function MAINTAIN SA NOTES to
enter a brief note recording the fact that a repayment / set-off
has been made
The EDP attaching to the credit will be the date the tax is
being set-off or repaid.
More detailed advice on creating a freestanding credit is
provided in subject ‘Freestanding Credits’ (
SAM110080).
Repayment supplement (RPS)
Whether the adjustment is made by set-off or repayment, it
should include RPS which will run from the date of payment of the
tax which is being set-off or repaid. This is the date or dates the
original payment or payments were made against the relevant tax
year or years that would become overpaid if the SA return /
assessment were to be amended to give affect to the
adjustments.