CTM97540 | CTSA: group payment arrangements: removal by contract

From HM Revenue & Customs · Company Taxation Manual

Clause 13 of the group payment arrangement contract

The nominated company must immediately remove from the arrangement a participating company which:

  • ceases to be a member of the group,

or

  • turns out not to have a relevant accounting period.

It should do this by writing to the group payment team.

If you receive information that a participating company needs to be removed from a group payment arrangement pass it on to the group payment team (and inform the co-ordinating officer) immediately.

If the nominated company fails to remove the company, the Board has the right to remove it.

The Board can also remove a company from the arrangement. You can use the power if you have reason to believe that it was not a member of the group (as defined at ) when it was first brought into the group payment arrangement.

It is for the technical caseworker, rather than the group payment team, to identify companies that should be removed from a group payment arrangement under these powers. The company is to be removed by notice:

  • in writing to the nominated company,

  • given at any time prior to the expiry of six months from the closing date for the group payment period.

You are most likely to discover such a case while reviewing the company’s return for the relevant accounting period.

If you identify such a case, you should liaise with the co-ordinating officer who should ask the group payment team to issue the notice of removal and make the necessary changes to the computer record.

  • In such circumstances the nominated company may apportion payments to the departing company after the notice of removal. This must be, when or before:

  • making an irrevocable apportionment for an accounting period under Clause 8,

but not later than:

  • the date on which the return is filed or a determination is made,

and

  • to the extent the payments have not been repaid, or already apportioned to such company,

  • does not retain any liability in respect of the departing company for accounting periods ending after the notice of removal is given.