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Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading Claim by affected person who is not advantaged

  • Section 174 Claim by the affected person who is not potentially advantaged etc
  • Section 174A Claims under section 174 where disadvantaged person within charge to income tax
  • Section 175 Application of section 174 where guarantee disallowed
  • Section 176 Claims under section 174: advantaged person must have made return
  • Section 177 Time for making, or amending, claim under section 174
  • Section 178 Meaning of “return” in sections 176 and 177
  1. Claim by affected person who is not advantaged
  2. Time for making, or amending, claim under section 174

Section 177 | Time for making, or amending, claim under section 174

From legislation.gov.uk

(1)A claim under section 174 can be made only in the period mentioned in subsection (2) or (3).

(2)If a return has been made by the advantaged person on the basis mentioned in section 176(1), the period is the two years beginning with the day of the making of the return.

(3)If a relevant notice (see section 190) taking account of such a determination as is mentioned in section 176(3)(b) has been given to the advantaged person, the period is the two years beginning with the day on which that notice was given.

(4)Subsection (5) applies if—

(a)a claim under section 174 is made in relation to a return made on the basis mentioned in section 176(1), and

(b)a relevant notice taking account of such a determination as is mentioned in section 176(3)(b) is subsequently given to the advantaged person.

(5)The disadvantaged person is entitled, within the period mentioned in subsection (3), to make any such amendment of the claim as may be appropriate in consequence of the determination contained in the relevant notice.

(6)Subsections (1) and (5) have effect subject to section 186(3) (which provides for the extension of the period for making or amending a claim).

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