COM23013 | Assessing: CTSA assessments: legislation

From HM Revenue & Customs · COTAX Manual

The table below gives a brief explanation of what the legislation relevant to this subject contains.

Section	Explanation
Sch 1A Taxes Management Act (TMA) 1970	Claims, and so on, not included in returns.
S 30 TMA 1970	Recovery of over-repayments.
S 59D TMA 1970 (introduced by S 195 FA 1994)	Payment of Corporation Tax.
S 59E TMA 1970 (introduced by S 30 FA 1998)	The due and payable date of Corporation Tax.
Part 3 Section 18 Corporation Tax Act (CTA) 2010	Small profits rate of tax.
Part 3 Section 34 CTA 2010	Close investment holding companies.
S 252 (1) (b) Income and Corporation Taxes Act (ICTA) 1988	Recovery of excessive tax credit payment or set-off.
Part 13 Chapter 5 CTA 2010	Deals with tax on companies in liquidation or administration.
Part 13 Chapter 5 Section 628 CTA 2010	Allows a liquidator to self assess the profits of a company in liquidation before the end of an AP.
S455 CTA 2010	Loans to participators and so on.
S747 ICTA 1988	Imputation of chargeable profits and creditable tax of controlled foreign companies.
Sch 16 ICTA 1988	Collection of income tax on company payments which are not distributions.
S189 Taxation of Capital Gains Act (TCGA) 1992	Capital distribution of chargeable gains: recovery of tax from shareholder.
S190 TCGA 1992	Tax on one member of group recoverable from another member.
Para 7 Sch 18 Finance Act (FA) 1998	Every company tax return to include a self assessment.
Para 8 Sch 18 FA 1998	Calculation of tax payable.
Para 14 Sch 18 FA 1998	Specifies the filing date (see Glossary) for a company’s tax return.
Para 15 Sch 18 FA 1998	Enables a company to amend its return.
Para 15(4) Sch 18 FA 1998	Time limit for company to amend its return.
Para 16 Sch 18 FA 1998	Enables HM Revenue & Customs to correct obvious errors or omissions in a company’s tax return.
Para 16(3)(b) Sch 18 FA 1998	Time limit for HM Revenue & Customs to correct an amended return.
Para 24 Sch 18 FA 1998	Notice of enquiry.
Para 24(2) Sch 18 FA 1998	Time limit for opening enquiry when return delivered on or before the filing date.
Para 31 Sch 18 FA 1998	Amendment of its return by a company during an enquiry.
Para 34 Sch 18 FA 98, as amended by Section 119 Finance Act 2008	The closure notice ends an enquiry and amends the return to give effect to the conclusions stated in the notice.
Para 36 Sch 18 FA 1998	HMRC can make a determination of the tax payable if no return is delivered in response to a notice to deliver.
Para 37 Sch 18 FA 1998	HMRC can make a determination of the tax payable for an outstanding period (see Glossary) if a notice to deliver is complied with in part.
Para 38 Sch 18 FA 1998	Extent of the power to make a revenue determination.
Para 39 Sch 18 FA 1998	Revenue determination has effect as if it were a self assessment.
Para 40 Sch 18 FA 1998	Revenue determination superseded by actual self assessment.
Para 40(3) Sch 18 FA 1998 as amended by Para 40 Sch 39 FA 2008	Time limit for self assessment following a revenue determination.
Para 41(1) Sch 18 FA 1998	Power to make a discovery assessment to make good a loss of tax to the Crown.
Para 41(1)(b) Sch 18 FA 1998	Power to make a discovery assessment where an assessment to tax insufficient.
Para 41(1)(c) Sch 18 FA 1998	Power to make a discovery assessment where excessive relief given.
Para 41(2) Sch 18 FA 1998	Power to make a discovery determination where amounts are incorrectly stated in a return.
Para 42 Sch 18 FA 1998	Restrictions on power to make a discovery assessment or determination.
Para 42(3) Sch 18 FA 1998	Appeal against a discovery assessment or determination.
Para 43 Sch 18 FA 1998	Discovery assessment or determination can be made where there is fraudulent or negligent conduct.
Para 44 Sch 18 FA 1998	Discovery assessment or determination can be made where situation not disclosed by return or related documents.
Para 45 Sch 18 FA 1998	No discovery assessment or determination to be made where return made in accordance with prevailing practice.
Para 46 Sch 18 FA 1998 as amended by Para 42 Sch39 FA 2008	Specifies the general time limit for making assessments.
Para 47 Sch 18 FA 1998	Notice of assessment to show date of issue and time limit for appeal.
Para 48 Sch 18 FA 1998	Appeal against assessment.
Para 52 Sch 18 FA 1998	Recovery of excessive repayments and so on.
Para 75 Sch 18 FA 1998	Reduction in amount available for surrender.
Para 75(3) Sch 18 FA 1998	Company obliged to withdraw notice of consent and issue new notice where amount available for surrender reduced.
Para 75(4) Sch 18 FA 1998	Revenue direction to surrendering company that notice of consent ineffective or to have effect in lesser amount.
Para 75(6) Sch 18 FA 1998	Claimant company to amend its return if possible to be consistent with a revised notice of consent.
Para 75(7) Sch 18 FA 1998	Appeal against revenue direction under Para 75(4).
Para 76 Sch 18 FA 1998	Assessment to recover excessive group relief.