Corporation Tax: trading losses - relief against total profits: late claims
HMRC has power under CTA10/S37 (7) to extend the statutory time limit for claims under S37 (CTM04580).
SP5/01 (see CTM97060 for the full text) sets out the HMRC approach to the exercise of this discretionary power. A decision to accept a late claim may be made by a Grade 6 Technical, Compliance or Case Manager, on their own authority, following the approach set out in the Statement. A Grade 6 who considers, on the basis of SP5/01, that refusal ia appropriate should refer the matter to CTISA (Technical) for review - see ‘Technical Help’ on the left bar.
Paragraph 10 of SP5/01 indicates that, in general, the HMRC approach is to admit late claims (and withdrawals of claims) which could not be made within the statutory time limits for reasons beyond the company’s control. The Statement gives examples of such reasons. Those examples are intended to illustrate matters that are beyond a company’s control. They are not intended to be an exhaustive list. Paragraph 11 gives some examples of matters that HMRC would not regard as being beyond the company’s control.
Paragraph 12 of the Statement may apply even if the company cannot show that the reasons for the late claim were beyond its control. The company must send, with its application for the late claim or withdrawal to be admitted, a full explanation of the factors it wishes to be taken into account. If it has not done so, this must be requested as part of consideration of the late claim. A late claim or withdrawal may be accepted if, taking account of all of the factors, it would clearly be unreasonable to refuse it.
Officers should take into account when making a decision on a late claim or withdrawal whther it forms part of a scheme or arrangement, the main purpose or one of the main purposes of which is the avoidance of tax or payment of tax.
Follow the guidance at EM3905 - EM3906 where a late claim is made for an accounting period that is the subject of an investigation settlement involving interest and penalties. Relief is allowed only against the amount of the additional assessment.