COM53131 | Claims/reliefs: other reliefs: S458 CTA 2010 Examples

Example 1
Example 2
Example 3
Example 4
Example 5
Example 6

Example 1

Loan repaid during the AP in which it was made

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2021. The loan is repaid in full during the AP. The company delivers its CT600 return on time.

• the company does not complete the CT600A supplementary pages because the loan was repaid within the AP

• Box 450 is therefore left blank

• there are no S455 consequences for the AP

Example 2

Loan repaid before 9 months and 1 day after the AP in which it was made

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2021. The participator repays £6,000 of the loan during the AP ended 31/12/2021 and the balance of £4,000 on 30/06/2022.

• the company completes the CT600A supplementary pages because the loan was not repaid within the AP. The CT600A shows the following entries

• The company copies the figure in box A13 (£0.00) to box 79 of the CT600 Version 2

There are no S455 consequences for the AP.

Example 3

Loan repaid more than 9 months and 1 day after the AP in which it was made - return delivered on time.

Background

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2011. The participator repays £6,000 of the loan during the AP ended 31/12/2011, £1,500 on 30/06/2012, and the balance of £2,500 on 31/10/2012. The company delivers its return on 31/12/2012.

A Ltd is not entitled to S458 relief on the balance of £2,500 at the time that it makes its return. The loan was repaid more than 9 months after the end of the AP in which it was made and relief is deferred under S458(5) until 01/10/2013. The company does not include the claim in its return, nor does it pay the S455 liability.

A Ltd claims the relief in October 2013 by amending its return.

CT600A Entries

The CT600A shows the following entries

Company Action

The company

• Leaves box 80 of the CT600 version 2 blank as it has not completed Box A11

• Copies the figure in Box A13 (£625.00) to box 79

• Enters the total self assessed tax payable, including S455, in box 79 as £5625.00

COTAX Action

COTAX

• Updates the assessment record, and posts the S455 charge as a separate entry (which can be viewed with Function VPPD - as posting S4C)

The postings are as follows

Note: The SAM posting is net of Section 455 tax payable

Amended Return

In October 2013, A Ltd claims S458 relief, by amending its return, for the £2,500 balance of the loan repaid on 31/10/2012.

CT Co-ordinator Action

The CT Co-ordinator

• Uses the ‘Record a Taxpayer Amendment’ option in Function RAMA (Record / Amend Assessment) to give effect to the claim

• Makes the following changes on screen COT121N

The CT Co-ordinator then

• Confirms the assessment issuing details on screen COT120I

(COTAX displays an advisory message instructing you to review the interest position and send a CT250(P) to the Accounts Office)

• Completes the CT250(P) showing

Note: S458 relief on the part of the loan repaid after the due date of the AP in which the loan was made is deferred under Section 458 until 01/10/2013. Late payment interest, however, runs from 01/10/2012 (the due date of the AP in which the loan was made) to 31/10/2012 (the date the loan was repaid, as in this case, the tax was not paid).

Postings

The computer updates the assessment record, and posts the S455 charge and S458 relief as separate entries (S4C and S4R), which can be viewed with Function VPPD (View Payment and Postings Details)

The postings are as follows

Note: The SAM and SAA postings are net of Section 455 tax payable.

Example 4

Loan repaid more than 9 months and 1 day after the AP in which it was made - return includes a S458 claim before relief is due

Background

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2011. The participator repays £6,000 of the loan during the AP ended 31/12/2011, £1,500 on 30/06/2012, and the balance of £2,500 on 31/10/2012. The company delivers its return on 31/12/2012.

A Ltd claims S458 relief on the balance of £2,500 at the time that it makes its return. However, the relief should be deferred under Section 458(5) until 01/10/2013 because the balance of the loan was repaid more than 9 months after the end of the AP in which the loan was made.

CT600A Entries

The CT600A shows the following entries

Note: Supplementary pages are not captured onto COTAX

Company Action

The company

• Puts an ‘X’ in box 80 of the CT600 Version 2 because it has completed Box A11

• Copies the figure in Box A13 (£0.00) to box 79

• Enters the total self assessed tax payable, including S455, in box 79 as £5000.00

Clerical Action

COTAX treats the ‘X’ in box 80 as evidence that a figure in the return has been stated net after a ‘carry-back’ and does not automatically record the self assessment. It puts the case on the Record Self Assessment Work List (RSAW) for review.

The CT Co-ordinator

• Reviews the RSAW Work List and establishes that the case is listed because of the entry in box 80

• Uses the ‘Record a self assessment’ option in Function RAMA (Record / Amend Assessment) to record the self assessment

At screen COT121N, COTAX displays an advisory message advising you that box 80 has been completed and showing the actions required to make sure the postings on the record are correct. You must follow these instructions.

Note: The COTAX message refers to S419(4A) ICTA 1988 and box 65 of the CT600. You should read S419(4A) ICTA 1988 as S458(5) CTA 2010, which is the legislation that superseded it. You should also read box 65 as box 80, as the CT600 box numbers were revised when Version 2 was introduced.

Entries required for this example

The CT Co-ordinator then

• Enters this message in the free format message fields on screen COT121G

‘S458 relief for £2500 repaid 31/10/2012 deferred under S458(5) CTA 2010 until 01/10/2013

• Confirms the assessment issuing details, on screen COT120I

• Sets a BF until 01/10/2013 to deal with the deferred S458 relief

COTAX then

• Records the corrected self assessment and issues a correction notice showing the amended figures, £5625.00, and the free format message

Example 5

Loan repaid more than 9 months and 1 day after the AP in which it was made - for S458 relief claimed by amendment to the return, after the time limit for amendment has expired

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2011. The participator repays £6,000 of the loan during the AP ended 31/12/2011, £1,500 on 30/06/2012, and the balance of £2,500 on 31/10/2012. The company delivers its return on 31/12/2012.

A Ltd cannot claim S458 relief on the balance of £2,500 at the time that it makes its return. It was repaid more than 9 months after the end of the AP in which the loan was made and relief is not due until 01/10/2013.

A Ltd claims S458 relief in January 2014, by amending its return, for the £2,500 balance of the loan repaid on 31/10/2012.

The Inspector

• Writes to the company to Acknowledge receipt of the amendment

• And

• Explain that the time limit (under Paragraph 15 (4) Schedule 18 FA 1998) for amending the return has expired, but that effect can be given to the claim under Schedule 1A TMA 1970

• Uses Function RAMA (Record / Amend Assessment) Process a Claim option, to give effect to the claim

Example 6

Loan repaid more than 9 months and 1 day after the AP in which it was made - return delivered late

Background

A Ltd, a close company, makes a loan of £10,000 to a participator during the AP ended 31/12/2011. The participator repays £6,000 of the loan during the AP ended 31/12/2011, £1,500 on 30/06/2012, and the balance of £2,500 on 31/10/2012. As the balance was repaid more than 9 months after the end of the AP in which the loan was made, the relief is not due until 01/10/2013.

The company delivers its return late, in November 2013, and claims S458 relief for the loan balance of £2,500 repaid on 31/10/2012.

CT600A Entries

The company

• Completes the CT600A supplementary pages because the loan was not repaid within the AP. The CT600A shows the following entries

Note: The supplementary pages are not captured onto COTAX

The company

• Puts an ‘X’ in box 80 of the CT600 Version 2 because it has completed box A11

• Copies the figure in box A13 (£0.00) to box 79

• Enters the total self assessed tax payable, including S455, in Box 86 as £5000.00

Clerical Action

COTAX treats the ‘X’ in box 80 as evidence that a figure in the return has been stated net after a ‘carry-back’ and does not automatically record the self assessment. It puts the case on the Record Self Assessment Work List (RSAW) for review.

The CT Co-ordinator

• Reviews the RSAW Work List and establishes that the case is listed because of the entry in box 80

• Uses the ‘Record a self assessment’ option in Function RAMA (Record / Amend Assessment) to record the self assessment

At screen COT121N, COTAX displays an advisory message advising you that box 80 has been completed and showing the actions required to make sure the postings on the record are correct. You must follow these instructions.

Note: The COTAX message refers to S419(4A) ICTA 1988 and box 65 of the CT600. You should read S419(4A) ICTA 1988 as S458(5) CTA 2010, which is the legislation that superseded it. You should also read box 65 as box 80, as the CT600 box numbers were revised when Version 2 was introduced.

Entries required for this example

You must then

• Confirm the assessment issuing details on screen COT120I

(COTAX displays an advisory message telling you to review the interest position and complete a form CT250(P))

• Complete the CT250(P) showing

Notes:

1. S419(4) will be amended to S458 on this form in due course.

2. S458 relief on the part of the loan repaid after the due date of the AP in which the loan was made is deferred under Section 458(5) until 01/10/2013.

3. Late payment interest under S87A TMA 1970, runs from 01/10/2012 (the due date of the AP in which the loan was made) to 31/10/2012 (the date the loan was repaid)

COTAX Action

When you have completed the assessing function, COTAX

• Updates the assessment record, and posts the S455 (shown as S419) charge and S458 (shown as S419(4)) relief as separate entries (with posting types of S4C and S4R), which can be viewed with Function VPPD (View Payment and Postings Details)

The postings are as follows

Note: The SAM posting is net of Section 455 tax payable.