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HMRC internal manual

COTAX Manual

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HM Revenue & Customs
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Index Of Legislation: TMA 1970

S11 The CT filing obligation for periods ended before 30 June 1999. CT Pay and File amendments took effect for notices issued after 31 December 1993
   
S11(1) The requirement for a company to deliver a CT Pay and File return to the officer who served the notice to file
S11(2) Stipulates the period for which a CT Pay and File return must be made in response to a notice
S11(4(a)(b) and (c) Sets the final day for delivery of a CT Pay and File return
S29(1)(a) Power to make an assessment
S29(1)(b) Power to make a further assessment when an assessment to tax is or has become insufficient
S30(4) Power to recover an amount of tax and / or interest repaid to the companyNote: These assessments are only made for APs ending on or before 30 June 1999.
S31 Appeal against an assessment for CT Pay and File APs
S34(1) Applies a six year time limit for making an assessment
S36(3) Allows an out of date claim to relief when an assessment has been made to recover tax lost due to the fraud or negligence of a company
S41A Authority to determine trade losses or other surrenderable amounts
S41A(6) Applies the provisions of Section 31 TMA 1970 to loss determinations
S41A(8) The authority to make a NIL loss determination
S41B Authority to reduce the amount of a determination already made
S41B(3) Applies the provisions of Section 31 TMA 1970 to loss directions
S41C Time limits for making determinations and directions
S42 Procedure for making claims
S42(3) Appeal against an Inspectors decision on a claim for a CT Pay and File AP
S42(5A) Allows for a claim to repayment of Income Tax to be made in an amended company tax return
S42(9) Commissioners’ power to determine appeal against an Inspector’s decision on a claim for a CT Pay and File AP only
S 43 Time limit for making claims
S43A Authority to accept any relevant claim, election or application against a non-culpable discovery assessment
S49 Application to make a late appeal
S50 Commissioners’ power to determine appeals against assessments and amendments to assessments
S50(6) to (8) Commissioners powers to deal with appeals against assessments, claims and elections
S51 Gives the Commissioners the power to call for information and documents they require to settle an appeal from a company
S54 Settlement of appeal by enquiry - claim withdrawn
S55 Provisions for recovery of tax not subject to a postponement application
S55(3) Application to postpone collection of tax made in conjunction with an appeal against an assessment
S55(4) Application to vary the amount of tax postponed
S59D(1) The normal due and payable date for a CTSA AP is 9 months and 1 day after the end of the AP
S59DA(1) After the material date for the AP, a company may claim repayment of CT it believes it has overpaid. The claim must be made either before a * Self assessment is recorded Or
* Discovery Assessment has become final  
S59DA(4) If an Inspector does not wish to accept a claim he must take it to the Commissioners for determination
S59DA(6) A claim may be made in conjunction with an appeal against a charge raised by HMRC. The claim can only apply to tax paid before the charge was raised
S60(1) When the tax becomes due and payable Debt Management shall make an application for payment of sums in charge to collect
S65 (As amended by paragraph 30(2) Sch 19 FA 1998) Authority to start enforcement in the Magistrate’s Court for outstanding CT
S86 Governs the charging of interest on overdue Income Tax and Capital Gains Tax
S87 Governs the charging of interest on overdue ACT and IT-CP
S87A Provides for interest to be charged from the normal due date to the date of payment
S87A(4) Interest on ACT carried back runs to the normal due date of the AP from which it was carried back
S87A(4A) Interest * When a non-trading deficit is carried-back to an earlier AP * Runs to the normal due date of the AP from which it was carried back
S87A(4B) When * ACT that becomes surplus as a result of the carry-back of a non-trading deficit is itself carried-back * Interest runs to the normal due date of the AP from which the non-trading loss was carried back
S87A(6) Interest, when trading losses are carried back, runs * To the normal due date of the AP in which the loss is incurred Unless
* It is carried back no more than twelve months  
S87A(7) ACT that becomes surplus as the result of loss relief being carried back * May be carried back to a still earlier APInterest on the displaced ACT runs to * The normal due date of the AP from which the loss was carried back
S88 Governs the charging of interest * On tax recovered To
* Make good a loss to HMRC  
S94 Imposes penalties for late or non submission of a CT Pay and File return
S94(1) Imposes fixed penalties for late delivery of a CT Pay and File return
S94(3) Extends the filing date for a CT Pay and File return period to that allowed under the Companies Act 1985
S94(4) Applies the provisions in S94(3) TMA 1970 to companies registered under the Companies (Northern Ireland) Order 1986
S94(5) Imposes increased fixed penalties for companies delivering a CT Pay and File return late for the third consecutive AP
S94(6) Imposes tax geared penalties for CT Pay and File returns delivered more than 18 months after the company’s return period
S94(7) Defines the tax unpaid figure to be used when calculating tax geared penalties for a CT Pay and File return period
S94(8) Restricts / sets the time limit for relief in respect of surplus ACT carried back from later APs, for the purpose of tax geared penalties relating to CT Pay and File return periods
S96 Imposes penalties for the submission of an incorrect return or accounts, for CT Pay and File APs
S97 Treats an error in a return as negligent unless it is corrected without unreasonable delay
S97A Restricts the maximum penalty imposed when a company has incurred multiple tax geared penalties, for the same AP
S100 With a couple of exceptions an authorised Officer of the Board, may * Subject to the content of S100(2) * Make a penalty determination under any provision of the Taxes Acts
S100(5) Authority to make a further penalty determination when the original is discovered to be insufficient
S100(6) An authorised Officer of the Board may revise a tax geared penalty determination if it has become excessive
S100B Commissioners’ power to determine penalty appeals
S100B(2) Specific Commissioners powers to settle appeals against penalty determinations
S102 The Board’s authority to mitigate, stay proceedings in respect of, or remit, any penalty
S103(1)(a) and (b) A tax geared penalty can be determined or proceedings commenced at the later of * Six years after the date on which the penalty was incurred Or
* Three years after the final determination of the amount of tax on which a tax geared penalty is based  
S103(4) A fixed penalty can be determined or proceedings for the penalty commenced at any time within 6 years after the date on which the penalty was incurred
S113(1A) Allows substitution of one Inspector for another
S118(2) Allows a ‘reasonable excuse’ for a company not doing anything required to be done
Sch 1A Claims, and so on, not included in returns
Sch 1A Para 6 Appeal against an Inspector’s amendment of a claim or decision on a claim, following an enquiry into it for a CTSA AP
Sch 1A Para 9 Following an enquiry for a CTSA AP, the Commissioners power to determine appeals against an Inspector’s * Amendment of a claim Or
* Decision on a claim that is not a claim to relief by discharge, or repayment of tax