SolvedCOM53120 | Claims/reliefs: other reliefs: S458 CTA 2010, claims
From HM Revenue & Customs · COTAX Manual
Section 455 (S455) Corporation Taxes Act (CTA) 2010 liabilities must be included in a company’s CT600 tax return. The S455 tax forms part of the calculation of tax payable by the company.
A claim to relief under Section 458 (S458) is a claim for relief against the original tax charge for the Accounting Period (AP) in which the loan was made. The time limit for the claim is four years from the end of the financial year in which the loan is repaid, released or written off.
The tax charge is included within the self assessment tax charge for the period. S458 claims in respect of such loans have to be made in the return, or by amending the return, for the AP in which the loan was made, while that is still possible.
Once the time limit for amending the self assessment has passed, claims have to be made and dealt with in accordance with Schedule 1A Taxes Management Act (TMA) 1970.
Where the claim is made in, or by amending, a company tax return and relief is due at the time the claim is made, the relief is given by reducing the tax payable for the AP. Otherwise, relief is given by discharge or repayment under the Schedule 1A rules.
You may receive a completed form L2P, which is a form provided on the Government website for companies to claim relief. You must look at the information contained in the form to decide whether it should be treated as an amendment to the return, or a Schedule 1A claim.
Where the S455 charge arose for a CT Pay and File AP, CTSA makes no difference to the way relief is given, even if the loan is repaid, released or written off in a CTSA period. S458 claims to relief in respect of loans made in CT Pay and File APs are not within the CTSA regime or dealt with by COTAX. Such claims should be handled using the SAFE computer system. Relief continues to be given against the original tax charge by discharge or repayment. See COM23130 for further guidance.
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