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HMRC internal manual

COTAX Manual

From
HM Revenue & Customs
Updated
, see all updates

Index Of Legislation: FA 1998

S36 Allows the Board to enter into special payment arrangements with companies that are members of groups
   
Para 3 Sch 18 Allows HMRC to issue a notice requiring a CTSA return and to specify the form and content of that return
Para 3(4) Sch 18 The requirement for a company to deliver a CTSA return to the officer who served the notice to file
Para 5 Sch 18 Stipulates the period for which a CTSA return must be made in response to a notice
Para 5(3) Sch 18 The requirement for a company to deliver a CTSA return for a part of a specified period prior to the beginning of an AP
Para 6 Sch 18 Ensures that a notice issued under Para 3 Sched 18 FA 1998 may specify a period that started before 1 July 1999AndProvides that, if such a notice requires a return for a CT Pay and File AP, the provisions of the Taxes Acts apply as if the notice had been given under S11 TMA 1970
Para 7 Sch 18 Every company tax return for a CTSA AP must include a self assessment of the amount of tax which is payable
Para 8 Sch 18 Provides the rules for the calculation of tax payable
Para 9 Sch 18 Claims that cannot be made without a return
Para 10 Sch 18 Other claims and elections to be included in a return
Para 14(1) Sch 18 Specifies the filing date for a CTSA return
Para 15 Sch 18 Enables a company to amend its return
Para 15(4) Sch 18 Time limit for company to amend its return
Para 16 Sch 18 Enables HMRC to correct obvious errors or omissions in a company’s tax return
Para 16(3)(b) Time-limit for HMRC to correct an amended return
Para 17 Sch 18 Imposes flat rate penalties for failure to deliver a CTSA return
Para 17(3) Sch 18 Imposes increased flat rate penalties for companies delivering a CTSA return late for the third consecutive AP
Para 18 Sch 18 Imposes tax related penalties for failure to deliver a CTSA return
Para 18(1) Sch 18 Enables the charging of tax related penalties for CTSA return periods
Para 18(3) Sch 18 Defines the tax unpaid figure to be used when calculating tax related penalties for a CTSA return period
Para 18(4) Sch 18 Excludes from the tax unpaid figure any deferred relief due under S458 CTA 2010 (formerly S419(4A) ICTA 1988), for a CTSA return period
Para 19 Sch 18 Extends the filing date for a CTSA return period to that allowed under the Companies Act 1985
Para 20 Sch 18 Enables the charging of penalties for incorrect or uncorrected returns for CTSA return periods
Para 24 Sch 18 Notice of enquiry
Para 24(2) Sch 18 Time limit for opening enquiry when return delivered on or before the filing date
Para 25(1) Sch 18 Enquiry extends to anything in the return, including claims
Para 30(3) to (5) Sch 18 Appeal against a Jeopardy Amendment for a CTSA AP
Para 31 Sch 18 Amendment of return by company during enquiry
Para 34 Sch 18 FA 98, as amended by Section 119 Finance Act 2008 The closure notice ends an enquiry and amends the return to give effect to the conclusions stated in the notice
Para 34(3) and (4) Sch 18 Appeal against a Revenue Amendment following an enquiry on a CTSA AP
Para 36 Sch 18 HMRC can make a determination of the tax payable if no return is delivered in response to a notice to file
Para 37 Sch 18 HMRC can make a determination of the tax payable for an outstanding period if a notice to file is complied with in part
Para 38 Sch 18 Extent of the power to make a Revenue Determination
Para 39 Sch 18 Authority for tax charged by a Revenue Determination to be recovered as if it were a self assessment by the company
Para 40(3) Sch 18 Time limit for self assessment following a Revenue Determination
Para 40(4) Sch 18 Authority to continue proceedings for tax remaining due when a Revenue Determination is superseded by a self assessment
Para 41(1) Sch 18 Power to make Discovery Assessment to make good a loss of tax to the Crown
Para 41(1)(b) Sch 18 Power to make Discovery Assessment where an assessment to tax insufficient
Para 41(1)(c) Sch 18 Power to make Discovery Assessment where excessive relief given
Para 41(2) Sch 18 Power to make Discovery Determination where amounts incorrectly stated in return
Para 42 Sch 18 Restrictions on power to make Discovery Assessment or Determination
Para 42(3) Sch 18 Appeal against Discovery Assessment or Determination
Para 43 Sch 18 Discovery Assessment or Determination can be made where there is fraudulent or negligent conduct
Para 44 Sch 18 Discovery Assessment or Determination can be made where situation not disclosed by return or related documents
Para 45 Sch 18 No Discovery Assessment or Determination to be made where return made in accordance with prevailing practice
Para 46 Sch 18 Specifies the general time limit for making assessments
Para 47 Sch 18 Notice of assessment to show date of issue and time limit for appeal
Para 48 Sch 18 Appeal against an assessment that is not a self assessment on a CTSA AP
Para 49 Sch 18 Allows for an appeal against a discovery determination
Para 52 Sch 18 Power to recover an amount of tax and / or interest repaid to the companyNote: These assessments are only made for APs ending on or after 1 July 1999.
Para 54 Sch 18 Claims must be quantified at the time when the claim is made
Para 55 Sch 18 General time limit for making claims
Para 56 Sch 18 Supplementary claim or election to rectify mistakes
Para 57 Sch 18 Claims or elections affecting a single AP
Para 58 Sch 18 Claims or elections involving more than one AP
Para 59 Sch 18 Other claims and elections
Para 75 Sch 18 Reduction in amount available for surrender
Para 75(3) Sch 18 Company obliged to withdraw notice of consent and issue new notice where amount available for surrender reduced
Para 75(4) Sch 18 HMRC direction to surrendering company that notice of consent ineffective or to have effect in lesser amount
Para 75(6) Sch 18 Claimant company to amend its return if possible to be consistent with revised notice of consent
Para 75(7) Sch 18 Appeal against HMRC direction under Para 75(4)
Para 76 Sch 18 Assessment to recover excessive group relief
Para 97 Sch 18 Authority to enforce a self assessment or an amended self assessment as if it was a charge to tax by assessment