COM53013 | Claims/reliefs: other reliefs: 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
87A Taxes Management Act (TMA) 1970	Interest is charged from the normal due date (see Glossary for more information) to the date of payment.
109 (3) TMA 1970	Interest under S 87A TMA 1970 not to run beyond date of S458 CTA 2010 repayment.
Schedule (Sch) 1A TMA 1970	Claims, and so on, not included in returns.
S393(1) Income and Corporation Tax Act (ICTA) 1988	Carry forward of trading losses.
S403 ICTA 1988	Losses, and so on, which may be surrendered by way of group relief.
S455 Corporation Tax Act (CTA) 2010	Loans to participators.
S458 CTA 2010	Relief from charge to tax under S458 where loan and so on repaid.
S458(5) CTA 2010	Defers relief under S455 until the normal due date for the Accounting Period (AP) in which the repayment, release or write-off takes place where it occurs after the due date for the AP in which the loan was made.
S458(6) CTA 2010)	Schedule 1A TMA 1970 applies to claims for S458 relief, unless specific conditions satisfied.
S747 ICTA 1988	Imputation of chargeable profits and creditable tax of controlled foreign companies.
S826(4) ICTA 1988	Rules for determining the amount of repayment interest payable when repayment of tax is created by giving effect to a claim under S458 CTA 2010.
Para 8 Sch 18 Finances Act (FA) 1998	Calculation of tax payable for a CTSA AP.
Para 15(4) Sch 18 FA 1998	Time limit for company to amend its return.
Para 16 Sch 18 FA 1998	Enables HMRC to correct obvious errors or omissions in a company’s tax return.
Para 18(4) Sch 18 FA 1998	No account to be taken of S458 relief deferred under S458(5) in calculating the tax base for tax-related penalties.
Para 31(3) Sch 18 FA 1998	Amendments to return by company during enquiry deferred until enquiry completed.
Para 47 Sch 18 FA 1998	Notice of assessment made by HMRC to show date of issue and time limit for appeal.
Para 48 Sch 18 FA 1998	Appeal against assessment which is not a self assessment.
Para 51 Sch 18 FA 1998	Relief in respect of a mistake in a return.
Para 67 Sch 18 FA 1998	Group relief claim to be included in company tax return.
Para 68 Sch 18 FA 1998	Content of group relief claims.
Para 69 Sch 18 FA 1998	Group relief claims for more or less than the amount available for surrender.
Para 69(1) Sch 18 FA 1998	Group relief claims can be made for less than the amount available for surrender.
Para 69(2) Sch 18 FA 1998	Group relief claim ineffective if made for more than the amount available for surrender.
Para 69(4) Sch 18 FA 1998	Where a company makes and withdraws group relief claims on the same day, the withdrawals are given effect to first.
Para 69(5) Sch 18 FA 1998	Where more than one claim made on the same day, which together exceed the amount available for surrender, HMRC can decide which claims are ineffective.
Para 69(6) Sch 18 FA 1998	HMRCs power under Para 69(5) limited to bringing total amount claimed as group relief within amount available for surrender.
Para 70(1) Sch 18 FA 1998	Every claim to group relief requires consent of surrendering company.
Para 70(3) Sch 18 FA 1998	How notice of consent to surrender of group relief to be given.
Para 70(4) Sch 18 FA 1998	Group relief claim to be accompanied by copy of notice of consent given by the surrendering company.
Para 71 Sch 18 FA 1998	Details required in notice of consent to surrender group relief.
Para 71(2) Sch 18 FA 1998	Notice of consent to surrender group relief cannot be amended but must be withdrawn and replaced by another notice of consent.
Para 71(3) Sch 18 FA 1998	Withdrawal of a notice of consent to be made by notice to the same HMRC office as that to which the notice was given.
Para 71(4) Sch 18 FA 1998	Notice of withdrawal to be accompanied by notice from claimant company signifying its consent to the withdrawal, otherwise it is ineffective.
Para 71(5) Sch 18 FA 1998	Claimant company must, as far as it can, amend its return to reflect the withdrawal of consent to the surrender of group relief.
Para 72(1) Sch 18 FA 1998	If surrendering company has already made its company tax return for the period to which the surrender relates, it must amend the return to reflect the notice of consent.
Para 72(2) Sch 18 FA 1998	If surrendering company has already obtained relief for an amount surrenderable as group relief for a later AP, it must amend its return for that later AP at the same time as it gives the notice of consent.
Para 72(3) Sch 18 FA 1998	Normal time limits for amending a company tax return relaxed to permit an amendment under Para 72(1) or (2).
Para 73 Sch 18 FA 1998	Withdrawal or amendment of group relief claim.
Para 74 Sch 18 FA 1998	Time limits for group relief claims.
Para 74(2) Sch 18 FA 1998	Time limits for withdrawal or claim of group relief extended if HMRC allow it.
Para 74(3) Sch 18 FA 1998	Time limits for amendment of a company tax return extended to enable withdrawal or claim of group relief under Para 74.
Para 75 Sch 18 FA 1998	Reduction in amounts available for group relief surrender.
Para 75(2) Sch 18 FA 1998	30 days time limit for surrendering company to withdraw notices of consent where amount available for surrender is reduced.
Para 75(3) Sch 18 FA 1998	Notice of withdrawal of consent to be in writing and sent to each affected company and HMRC.
Para 75(4) Sch 18 FA 1998	HMRC can issue direction concerning which notices of consent are ineffective if surrendering company fails to do so under Para 75(3).
Para 75(5) Sch 18 FA 1998	HMRC must issue a copy of direction under Para 75(4) to each claimant company.
Para 75(6) Sch 18 FA 1998	Claimant company must amend its return for an AP for which less or no group relief is available if it can.
Para 76 Sch 18 FA 1998	HMRC can make an assessment to tax to recover excessive group relief.
Part IX Sch 18 FA 1998	Claims for capital allowance.
Para 79 Sch 18 FA 1998	Claim to capital allowance to be included in a company tax return.
Para 80 Sch 18 FA 1998	Claim to capital allowance must be quantified.
Para 81 Sch 18 FA 1998	Claim to capital allowance, once made, can only be amended or withdrawn by amending a company tax return.
Para 82 Sch 18 FA 1998	Time limit for claims to capital allowance.
Para 83 Sch 18 FA 1998	Consequential amendment of return for another AP where amount of capital allowance available is reduced.
Para 83(2) Sch 18 FA 1998	Company obliged to amend its return within 30 days where amount of capital allowance available is reduced.
Para 83(3) Sch 18 FA 1998	HMRC can amend a company tax return, where amount of capital allowance available is reduced, if company fails to do so.
Para 83(4) Sch 18 FA 1998	Time limit for amending company tax return extended to allow amendment under Para 83(2) or (3) where amount of capital allowance available is reduced.
Para 83(5) Sch 18 FA 1998	Company can appeal against a Revenue amendment of company tax return under Para 83(3) where amount of capital allowance available is reduced.
Para 83(6) Sch 18 FA 1998	Specifies the requirements of an appeal made under Para 83(5).