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Legislation
Finance Act 2004

Crossheading Miscellaneous

  • Section 55 Duty of company to give notice of coming within charge to corporation tax
  • Section 55A Section 55: exception to duty to give notice
  • Section 56 Relief for community amateur sports clubs
  1. Miscellaneous
  2. Section 55: exception to duty to give notice

Section 55A | Section 55: exception to duty to give notice

From legislation.gov.uk

(1)A company is not required to give notice under section 55 of the beginning of an accounting period if it reasonably expects that—

(a)all the income on which it will be chargeable to corporation tax for the period will consist of payments on which it bears income tax by deduction, ...

(b)it will have no chargeable gains for the period , and

(c)in consequence of the deduction of the income tax mentioned in paragraph (a) at the fourth step in paragraph 8 of Schedule 18 to the Finance Act 1998 (calculation of tax payable), the amount of tax payable for the period will be nil.

(2)Subsection (3) applies if—

(a)by reason of subsection (1) a company is not required to give notice under section 55 of the beginning of an accounting period (“the unreported period”), and

(b)a subsequent accounting period immediately follows the end of the unreported period.

(3)The subsequent accounting period is to be treated for the purposes of section 55 as if it does not immediately follow the end of a previous accounting period.

(4)If by reason of subsection (1) ceasing to apply a company becomes subject to the duty to give notice under section 55 of the beginning of an accounting period the notice must be given not later than three months after the date on which it becomes subject to that duty.

(5)Where subsection (1) would apply as regards a company if the company were to make a claim to obtain relief under section 6(2)(a) or (3)(a) of TIOPA 2010 in respect of a disposal that has an appropriate connection to a collective investment vehicle for the purposes of paragraph 6 of Schedule 5AAA to TCGA 1992, the company is not required to make such a claim in order to obtain relief in respect of the disposal (despite section 6(6) of TIOPA 2010).

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