COM122042 - Repayments/reallocations: non automatic reallocations: legislation: surrender COTAX repayment to COTAX

The table below gives a brief explanation of what the legislation relevant to this subject contains.

Section

Explanation

87A Taxes Management Act (TMA) 1970

Imposes late payment interest on late payments of tax made by companies.

455 Corporation Tax Act (CTA) 2010 (formerly 419 Income and Corporation Taxes Act (ICTA) 1988)

Assessments made in respect of loans or advances to participators, or associates of participators.

963 CTA 2010 (formerly S102 Finance Act (FA) 1989)

Surrender of company tax refund within the group.

963 CTA 2010 extended by Regulation 9 of the CT (Instalment Payments Regulations 1998 (SI 1998 No. 3175) as amended by Reg 3 of the CT (Instalment Payments) (Amendment) Regulations 1999

Surrender of company tax refund within a group when one or the other company is a quarterly instalment payer.

964(2) CTA 2010

Company receiving the surrendered repayment is treated as having paid that tax and any interest associated with it on the date that it was paid by the surrendering company.

S964(3) CTA 2010

When determining the amount of tax liability upon which to base a tax-related penalty a refund surrendered under S963 is treated as paid on the day on which the notice under S963 was given.