COM313 - Index Of Legislation: ICTA 1988

S 6(2) Exclusion of certain companies from income tax
S7(2) Unless wholly exempt from CT a company is not entitled to a repayment of Income Tax until the liability for the AP is finally determined
S7(6) A claim to repayment of Income Tax must be included in a company tax return
S10(1) Lays down the time limits for payment of tax
S10(2) Authority for liability on a return to be recovered as if it were charged by an assessment (CT Pay and File APs only)
S10(3) Allows repayment of tax for a CT Pay and File AP in the period between the payment due date and the filing date
S10(4) If an Inspector does not wish to accept a claim (under S10(3)) he must take it to the Commissioners for determination
S10(5) A claim may be made in conjunction with an appeal against an assessment. The claim can only apply to tax paid before the assessment was made
S11(3) Allows relief for Income Tax paid by non-resident companies against chargeable CT
S12 Requires CT to be assessed for APs, and sets out the events that cause an AP to begin or end
S12(8) When the dates of an AP are uncertain the Inspector can\n- Make an assessment for a period not exceeding 12 months\n> > And\n- It shall be treated for all purposes as an AP of the company
S13 Contains the rules for charging CT at the small companies’ rate
S13A Close investment holding companies
S231(2) Allows repayment of a tax credit on a distribution received to be repaid to a company wholly or partially exempt for CT
S239(3) Claim to carry back surplus ACT, and treat it as ACT paid in respect of an AP beginning in the previous six years
S240 Set-off a company’s surplus ACT against the liability of a subsidiary
S242 Allows the set-off of losses and other excess reliefs against surplus franked investment income
S 247(4) Election to make payments of interest between companies in the same group without deducting income tax
S252(1)(b) Assessment recovering tax where a set-off or payment of tax credit should not have been made
S342 Deals with assessments on companies after winding up proceedings have begun
S 342(5) (as modified by Para 12 Sch 24 FA 96) Allows a liquidator to self assess the profits of a company in liquidation, before the end of an AP, when the expected date of completion of the winding up falls on or after 1 July 1999
S393(7) Specifies the method of calculating a loss
S393A Allows a company to carry back a trade loss, for losses arising in APs ending in the period from 01/04/1991 to 01/07/1997\n- That cannot be utilised against profits arising in the AP in which the loss is incurred\n- For up to three years preceding the loss period
S403(3) Allows the surrender of excess capital allowances that must be set against a specified class of income, to a company within the same group, as group relief
S403(4) Allows the surrender of excess management expenses to a company within the same group, as group relief
S403(7) Allows the surrender of excess charges within the same group, as group relief
S455 CTA 2010 (formerly S419 ICTA 1988) Liability on close company loans and advances to participators
S455(3) CTA 2010 (formerly S419(3) ICTA 1988) Determines the due date for tax due under Section 455 CTA 2010 (formerly S419 ICTA 1988)
S458(2)/(3) CTA 2010 (formerly S419(4) ICTA 1988) Relief in terms of tax against an assessment made under S455 CTA 2010 (formerly S419 ICTA 1988) when the loan or advance to the participator has been repaid (or repaid in part)
S458(5) CTA 2010 (formerly S419(4A) ICTA 1988) Applies a restriction to when relief may be given in respect of repayment, release or write off, of a loan to a participator charged under S455 CTA 2010
S559(4) Directs the amount of tax to be deducted from payments made to a company in the construction industry without a certificate under S561
S561 Allows the issue of a certificate exempting a company in the construction industry from deductions of tax from its trading receipts
S747 The legislation relating to chargeable profits and creditable tax in respect of Controlled Foreign Companies
S825 Allows the payment of repayment supplement
S826 Allows the payment of repayment interest
S826(5) Repayment Interest is not brought into account as income for tax purposes
S826(7) Rules for determining the amount of repayment interest payable when\n- Repayment of CT is created by the carry-back of surplus ACT
S826(7A) Rules for determining the amount of repayment interest allowable when\n- A trade loss is carried back to an AP not falling wholly within the previous 12 months
S826(7AA) Rules for determining the amount of repayment interest payable when\n- A repayment of CT is created by surplus ACT displaced by a loss carry-back\n> > And\n- The ACT is itself carried back to an earlier AP
S826(7B) Rules for determining the amount of repayment interest allowable when\n- A trade loss is set off against Franked Investment Income of an earlier AP
S826(7C) Rules for determining the amount of repayment interest allowable when a non-trading deficit is carried back to an earlier AP
S826 (7CA) Rules for determining the amount of repayment interest payable when\n- A repayment of CT is created by surplus ACT displaced by a non-trading deficit carry-back\n> > And\n- The ACT is itself carried back to an earlier AP
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Sch 13 Lays down the rules for collection of ACT
Sch 16 Lays down the rules for collection of IT on company payments which are not distributions
Sch 17A Conditions for making a claim to group relief
Sch 19AB Entitles companies in the pensions business to receive provisional repayment of IT (and while it lasted, payment of tax credit) during the AP