SolvedEM8015 | Companies: Rights and Obligations: Delivering a Return of CT Profits
From HM Revenue & Customs · Enquiry Manual
FA98/SCH18/PARA 3
FA98/SCH18/PARA 14
FA98/SCH18/PARA 20A
A company is required to deliver a company tax return when it has been given a notice. The return is made to the officer who issued the notice.
A company may submit a voluntary return without a notice being given. If this is accepted by HMRC the return is treated as if it was made in response to a notice to file being given to the company on the same day it was delivered.
The duty of filing a return is performed by the secretary, or any officer or agent of the company authorised to perform the duty. The person making the return must make a declaration that the return is to the best of their knowledge correct and complete. Only the company is liable to a penalty for failing to deliver the return.
A company fraudulently or negligently delivering an incorrect return makes the company liable to a penalty, see EM4800+. CH80000+ provides guidance on penalties for deliberately or carelessly giving an inaccurate return or other document where the return relates to a period beginning on or after 1 April 2008 and the filing date for the return is on or after 1 April 2009.
The return (which includes losses and negative amounts)
is of such information, accounts, statements and reports relevant to the tax liability of the company or the application of CT to the company
includes the amount of tax due (a self-assessment of the tax payable)
is to be delivered by a particular date (filing date), usually the last day of 12 months from the end of the period for which the return relates, or, if later, 3 months from the date the notice is given.
A company is liable to a range of penalties where its company tax return is not made and delivered on time EM8016.