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HMRC internal manual

Compliance Handbook

Assessing Time Limits: The Time Limits: Which assessments are affected

Select the tax you are interested in for more details.

Income tax, capital gains tax and corporation tax
VAT
Insurance premium tax
Aggregates levy
Climate change levy
Landfill tax
Inheritance tax
Stamp duty land tax
Stamp duty reserve tax
Petroleum revenue tax
Excise duties

Income tax, capital gains tax and corporation tax

The time limits govern which assessments to, and HMRC determinations of, income tax, capital gains tax and corporation tax you can make.

‘Income tax’ includes Class 4 NIC because this class of contribution is treated as if it were income tax. It also includes income tax collected under PAYE and SA, and deductions made under the Construction Industry Scheme. It does not include Class 1 or 1A NICs because these are subject to separate legislation, see COG915220.

‘Corporation tax’ includes any other amount assessable or chargeable as if it were corporation tax. For example, tax on loans to participators in a close company charged under CTA10/S455.

The time limits for making penalty determinations or penalty assessments for direct tax purposes have not changed. You should refer to the guidance for the specific penalty for details of the appropriate time limit.

VAT

The time limits govern which assessments you can make for

  • VAT - tax, including

    • failure to make returns, inaccurate returns, and so on (VATA94/S73)
    • acquisitions by non-taxable persons (VATA94/S75)
    • where the person has died (VATA94/S77(5))
  • default surcharge (VATA94/S59 and VATA94/S59A)
  • penalties in respect of

    • incorrect certificates as to zero-rating (VATA94/S62)
    • inaccuracies in EC sales statements (VATA94/S65)
    • a failure to submit EC sales statements (VATA94/S66)
    • breaches of walking possession agreements (VATA94/S68)
    • breaches of regulatory provisions (VATA94/S69)
    • breaches of record-keeping requirements in relation to transactions in gold (VATA94/S69A)
    • breaches of record-keeping requirements imposed by directions (VATA94/S69B)
  • interest on VAT recovered or recoverable by assessment (VATA94/S74)
  • penalties under regulations for the mandatory electronic filing of VAT returns.

There are other time limits that affect the period within which you can make assessments for the tax, penalties, interest and surcharge listed above. You will find more detail in CH51820, CH51840 and the table at CH56000.

Insurance premium tax

The time limits govern which assessments you can make for

  • failure to make returns, inaccurate returns and so on (FA94/S74)
  • third parties for failure to make returns where a liability notice has been issued (FA94/S65)
  • penalties in respect of FA94/SCH7/PARA25
  • interest on IPT recovered or recoverable by assessment (FA94/SCH7/PARA210).

There are other time limits that affect the period within which you can make assessments for the tax, penalties and interest listed above. You will find more detail in CH51920 - CH51960 and the table at CH56400.

Aggregates levy

The time limits govern which aggregates levy assessments you can make

  • for failure to make returns, inaccurate returns and so on (FA01/SCH5/PARA2)
  • where the person has died (FA01/SCH5/PARA4(4))
  • for interest and penalty interest (FA01/SCH5/PARAS12 & 13)
  • for penalties in respect of

    • failure to make or pay returns (FA01/S25(3))
    • failure to appoint a tax representative (FA01/S33(3))
    • failure to comply with registration requirements (FA08/SCH41/PARA1)
    • failure to comply with deregistration requirements (FA01/SCH4/PARA3)
    • failure to provide information (FA01/SCH7/PARA1)
    • failure to keep records (FA01/SCH7/PARA2)
    • failure to produce documents (FA01/SCH7/PARA4)
    • breaches of walking possession (FA01/SCH7/PARA15)
    • failure to notify changes (group treatment) (FA01/SCH9/PARA6)
    • breaching regulatory provisions (SI2001/4027/REG21)
    • failure to keep records under the Northern Ireland Credit Scheme (SI2004/1959/REG11).

There are other time limits that affect the period within which you can make assessments for the tax, penalties and interest listed above. You will find more detail in CH51920 - CH51960 and the table at CH56500.

Climate change levy

The time limits govern which climate change levy assessments you can make

  • for failure to make returns, inaccurate returns and so on (FA00/SCH6/PARA41)
  • where the person has died (FA00/SCH6/PARA80(4))
  • for interest and penalty interest (FA00/SCH6/PARAS88 & 86)
  • for penalties in respect of

    • failure to comply with registration or deregistration requirements (FA00/SCH6/PARA55)
    • failure to provide information or make records available (FA00/SCH6/PARAS124 - 128)
    • failure to appoint a tax representative (FA00/SCH6/PARA114)
    • breaching regulatory provisions (FA00/SCH6/PARA146)
    • breaches of walking possession (FA00/SCH6/PARA90).

There are other time limits that affect the period within which you can make assessments for the tax, penalties and interest listed above. You will find more detail in CH51920 - CH51960 and the table at CH56600.

Landfill tax

The time limits govern which landfill tax assessments you can make

  • for failure to make returns, inaccurate returns and so on (FA96/S50)
  • where the person has died (FA96/SCH5/PARA33(5))
  • for interest, penalty interest and civil penalties (FA96/SCH5/PARA33(1))
  • for penalties in respect of

    • failure to comply with registration requirements (FA08/SCH41/PARA1)
    • failure to comply with deregistration requirements (FA96/SCH5/PARA21)
    • failure to provide information or make records (FA96/SCH5/PARA22)
    • breaching regulatory provisions (FA96/SCH5/PARA23)
    • breaches of walking possession (FA96/SCH5/PARA24).

There are other time limits that affect the period within which you can make assessments for the tax, penalties and interest listed above. You will find more detail in CH51920 - CH51960 and the table at CH56700.

Inheritance tax

Time limits do not apply to notices of determination or informal calculations of inheritance tax.

However, where an IHT account has been delivered and payment has been made and accepted in full satisfaction of the tax due, the new time limits apply to proceedings to recover the additional tax.

Where no IHT account has been delivered, different time limits apply to proceedings.

You will find more detail in the table at CH56800.

Stamp duty land tax

The time limits govern which stamp duty land tax assessments you can make

  • for failure to make a return, making an inaccurate return (FA03/SCH10)
  • where the person has died (FA03/SCH10/PARA31(4))
  • for penalties in respect of

    • late filing of an SDLT return (FA03/SCH14/PARA8)
    • inaccurate returns (FA03/SCH10/PARA8).

You will find more detail in the table at CH56900.

Stamp duty reserve tax

The time limits govern which stamp duty reserve tax assessments you can raise

  • to recover an underpayment of SDRT (FA86/SI1711/REG6 & 13)
  • to recover an over-repayment of tax (FA86/SI1711/REG 6 &18)
  • for penalties in respect of

    • late notification of SDRT due (TMA/S93 as applied by FA86/SI1711/REG20)
    • inaccurate returns (TMA/S95 as applied by FA86/SI1711/REG20).

You will find more detail in the table at CH57000.

Petroleum revenue tax

The time limits govern which petroleum revenue tax assessments and amended assessments you can make.

The time limits for making penalty determinations or penalty assessments have not changed. You should refer to the guidance for the specific penalty for details of the appropriate time limit.

You will find more detail in the table at CH57100.

Excise duties

The time limits govern which assessments you can make for excise in respect of

  • assessments to excise duty (FA94/S12)
  • other assessments relating to excise duty matters (FA94/S12A)
  • assessments under section 20AAB(4) HODA 1979, and
  • assessments for unlicensed amusement machines (BDGA81/SCH4A).

This is not a complete list of excise assessment provisions. The complete list of assessing provisions specified in section 12A FA 1994 are described in more detail at CH57200.

FA08/SCH39

FA09/SCH51

VATA94/S77(2) & (2A)

FA94/S12

FA94/S12A

HODA79/S20AAB

BGDA81/SCH4A