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HMRC internal manual

Compliance Handbook

From
HM Revenue & Customs
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Assessing Time Limits: The Time Limits: Insurance Premium Tax, Aggregates Levy, Climate Change Levy and Landfill Tax Limitations: Assessments to recover repayment or refund of over-claimed credits

 
 

Assessing time limits: IPT limitations: Repayment or refund of over-claimed credit
Assessing time limits: AGL limitations: Repayment or refund of over-claimed credit
Assessing time limits: CCL limitations: repayment or refund of over-claimed credit
Assessing time limits: LFT limitations: repayment or refund of over-claimed credit

Assessing time limits: IPT limitations: Repayment or refund of over-claimed credit

There are a number of situations in which a person can claim a credit or a repayment. For example, when their entitlement to a credit exceeds their tax liability for an accounting period. The claim is made under FA1994/S55.

If a person makes such a claim and it is credited or paid when it ought not to have been, you can make an assessment to recover the amount wrongly credited or paid.

You can make an assessment to recover the excess amount within 2 years after the time when the evidence of facts sufficient to justify making the assessment comes to your knowledge.

These assessments are made under FA1994/S56(2) for tax and FA1997/SCH5/PARA15(1) for overpaid interest. Interest on these assessments can be assessed under FA1997/SCH5/PARA17(1).

When you make an assessment to recover the amount wrongly credited or paid and further evidence comes to light that the earlier assessment understated the amount due, you may raise another assessment under FA1994/S56(5) on or before the last day on which the original assessment could have been raised.

The time limits set out in CH51300 do not apply to these assessments.

Assessing time limits: AGL limitations: Repayment or refund of over-claimed credit

There are a number of situations in which a person can claim a credit or a repayment. For example, when their entitlement to a credit exceeds their tax liability for an accounting period. The claim is made under FA2001/S31(2) and (3).

If a person makes such a claim and it is credited or paid when it ought not to have been, you can make an assessment to recover the amount wrongly credited or paid.

You can make an assessment to recover the excess amount within 2 years after the time when the evidence of facts sufficient to justify making the assessment comes to your knowledge.

These assessments are made under FA2001/SCH8/PARA3 for levy and PARA4 for overpaid interest. Interest on these assessments can be assessed under FA2001/SCH8/PARA7.

When you make an assessment to recover the amount wrongly credited or paid and further evidence comes to light that the earlier assessment understated the amount due, you may raise another assessment under FA2001/SCH8/PARA8 on or before the last day on which the original assessment could have been raised.

The time limits set out in CH51300 do not apply to these assessments.

Assessing time limits: CCL limitations: repayment or refund of over-claimed credit

There are a number of situations in which a person can claim a credit or repayment. For example, when entitlement to a credit exceeds their tax liability for an accounting period. The claim is made under FA2000/SCH6/PARAS62-63.

If a person makes such a claim and it is credited or paid when it ought not to have been, you can make an assessment to recover the amount wrongly credited or paid.

You can make an assessment to recover the excess amount within the later of

  • two years after the end of the prescribed accounting period in which the incorrect amount was credited, and
  • one year after the date on which the evidence of facts sufficient to justify making the assessment comes to your knowledge.

These assessments are made under FA2000/SCH6/PARA69.

When you make an assessment to recover the amount wrongly credited or paid and further evidence comes to light that the earlier assessment understated the amount due, you may raise another assessment under FA2000/SCH6/PARA72 on or before the last day on which the original assessment could have been raised.

The time limits set out in CH51300 do not apply to these assessments.

Assessing time limits: LFT limitations: repayment or refund of over-claimed credit

There are a number of situations in which a person can claim a credit or a repayment. For example, their entitlement to a credit exceeds their tax liability for an accounting period. The claim is made under FA1996/S50(2).

If a person makes such a claim and it is credited or paid when it ought not to have been, you can make an assessment to recover the excess amount within the later of

  • two years after the end of the prescribed accounting period in which the incorrect amount was credited, and
  • one year after the date on which the evidence of facts sufficient to justify making the assessment comes to your knowledge.

These assessments are made under FA1996/S50(2).

When you make an assessment to recover the amount wrongly credited or paid and further evidence comes to light that the earlier assessment understated the amount due, you may raise another assessment under FA1996/S50(5) on or before the last day on which the original assessment could have been raised.

The time limits set out in CH51300 do not apply to these assessments.