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HMRC internal manual

Capital Gains Manual

Claims and elections: late claims and elections

The legislation dealing with certain claims and elections allows the time limit to be extended at the discretion of the Board. For example, a rebasing election under TCGA92/S35 (5) made after the time limit specified in the legislation may be made ‘at such later time as the Board may allow’.

In other cases the legislation does not allow the Board discretion to extend the time limit. For example, no discretion is provided for an election under section 138A TCGA 1992 for which the applicable time limit is given by TCGA92/S138A (5).

In cases where the Board may extend the time limit by exercising its responsibility of collection and management in TMA70/S1 the guidance at CG13810 should be followed.