COM125102 - Repayments/reallocations: non automatic repayments: legislation: repayment of income tax - responsible office

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

Section

Explanation

7(2) Income and Corporation Taxes Act (ICTA) 1988

Unless wholly exempt from CT, a company is not entitled to a repayment of income tax until the liability for the Accounting Period (AP) is finally determined.

7(6) ICTA 1988

A claim to repayment of income tax must be included in a company tax return.

11(3) ICTA 1988

Applies S7(2) to non resident companies trading through a branch or agency in the UK.

98 Finance Act (FA) 1990

Amends S7(2) and S11(3) ICTA 1988 to allow a claim to repayment of income tax before the liability for the AP is settled for APs ending on or after 1 October 1993.

42(5A) Taxes Management Act (TMA) 1970

Allows for a claim to repayment of income tax to be made in an amended company tax return.