Companies: Rights and Obligations: Delivering a Return of CT Profits
A company is only required to deliver a tax return when it has been served with a notice. The return is made to the officer who issued the notice.
The duty of filing a return is performed by the secretary or, since the introduction of CTPF, any officer or agent of the company authorised to perform the duty. The person making the return must make a declaration that the return is to the best of their knowledge correct and complete. Only the company is liable to a penalty for failing to deliver the return.
A company fraudulently or negligently delivering an incorrect return makes the company liable to a penalty EM4800+. CH80000+ provides guidance on penalties for deliberately or carelessly giving an inaccurate return or other document where the return relates to a period beginning on or after 1 April 2008 and the filing date for the return is on or after 1 April 2009.
For CTPF & CTSA the return (which includes losses and negative amounts for CTSA)
- is of such information, accounts, statements and reports relevant to the tax liability of the company or the application of CT to the company
- includes the amount of tax due (a self assessment of the tax payable for CTSA)
- is to be delivered by a particular date (filing date), usually the last day of 12 months from the end of the Return Period, or, if later, 3 months from the date the notice is served.
A company is liable to a range of penalties where its return is not filed on time EM8016.