Self Assessment enquiry and amendment windows - practical examples for agents

A selection of scenarios for enquiry windows and amendment windows in a variety of circumstances, including

  • paper and online filing
  • late submissions of returns
  • returns that are amended.

 

 

Situation

Enquiry window ends

Amendment window ends

Explanation

Legislation
2007/08 = Year 1,
2008/09 = Year 2
TMA = Taxes Management Act

1. Paper return filed 30 September 2008

30 September 2009

31 January 2010

Paper return filed before filing date of 31 October 2008.

S8 1D (a) TMA 1970

Enquiry window ends 12 months from the date the return is delivered.

S9A(2)(a) TMA 1970

Amendment window ends 12 months after 31 January in Year 2

S9ZA (2)-(3)(a) TMA 1970

2. Online return filed 29 November 2008

 

 

 


29 November 2009

31 January 2010

Online return filed before filing date of 31 January 2009.

S8 1D (b) TMA 1970

Enquiry window is 12 months from the date the return is delivered.

S9A(2)(a) TMA 1970

Amendment window ends 12 months from 31 January in Year 2

S9ZA (2)-(3)(a) TMA 1970

3. Paper return filed 5 December 2008. All tax due paid 29 January 2009

 


31 January 2010

31 January 2010

Paper return filed after filing date.

 

 

 

 

S8 1D (a) TMA 1970

 

 

Enquiry window is up to, and including, the quarter day following the first anniversary of the date the return filed.

S9A(2)(b) TMA 1970

Penalty of £100 incurred for late filing, capped at nil as all outstanding tax paid by 31 January 2009.

S93(1) TMA 1970
S93(2) TMA 1970
S93(7) TMA 1970

NB If an enquiry subsequently increases the tax due, the conditions for capping the penalty will no longer be met and the penalty will be reinstated as £100 or the amount of tax unpaid at 31 January 2009, whichever is lower

 

Amendment window ends 12 months after 31 January in Year 2

S9ZA (2)-(3)(a) TMA 1970

4, Return filed online 29 November 2008. Amended by taxpayer 7 September 2009

29 November 2009

31 January 2010

Return filed online by filing date. Enquiry window is 12 months from the date of filing. Taxpayer amends return within the time limit allowed.

S8 1D (b) TMA 1970

 

 

Enquiry window for main return ends 29 November 2009.

S9A(2) (a) TMA 1970

Amendment window for main return ends 12 months after 31 January in Year 2.

S9ZA (2)-(3)(a) TMA 1970

Enquiry window for amendment extends to 31 October 2010 (but the enquiry can only cover content of the amendment if it is opened after 29 November 2009).

S9A (2)(c) TMA 1970
S9A (5)(a) & (b) TMA 1970

5. Notice to File issued 1 September 2008. Paper Return Filed on 25 November 2008

25 November 2009

31 January 2010

Return filed on paper before the filing date (which, as notice to file issued between 31 July and 31 October, is three months from the date of the notice for paper returns ie 30 November 2008. Had the taxpayer chosen to file online, the filing date remains 31 January 2009).

S8 1F (a) TMA 1970

Enquiry window closes 12 months from the date the return is delivered.

S9A(2)(a) TMA 1970

Because the notice was given before 31 October for the purposes of amendment only the filing date remains 31 January 2009 irrespective of the method of filing. The amendment window ends 12 months after this filing date.

S9 ZA (2) & (3) (a) TMA 1970

6. Notice to File issued 15 November 2008. Return filed online 10 February 2009

10 February 2010

14 February 2010

Return filed online before filing date (which, as the notice to file was issued after 31 October in year 2 is three months from the date of the notice to file.

S8 (1G) TMA 1970

S9A(2)(a) TMA 1970


S9 ZA (2) & (3) (b) TMA 1970

Enquiry window closes 12 months from the date the return is delivered.

Amendment window is 12 months after the last day of the period of three months beginning with the date of the notice.