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HMRC internal manual

Enquiry Manual

From
HM Revenue & Customs
Updated
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Companies: Rights and Obligations: Amending a Return

TMA70/S11(8A)

FA98/SCH18/PARA 15

FA98/SCH18/PARA 20(1)

Under CTSA a company can amend its return within 12 months of the filing date EM0090 and CTM93300+.

Where the time limit has passed a company can only amend returns on completion of an enquiry to give effect to the conclusions stated in the closure notice and their consequences EM3870.

HMRC can make jeopardy amendments during an enquiry EM1950+.

Under CTPF rules a company was required to amend its return. There is no time limit nor penalty for failing to amend. Often, in practice, no formal amendment to the return was made and where an enquiry into the return was concluded HMRC made an assessment.

Periods with a filing date on or before 31 March 2009

A return that is incorrect but has not been delivered fraudulently or negligently should be remedied without unreasonable delay otherwise the company is liable to a penalty for negligently submitting an incorrect return EM5180.

Periods with a filing date on or after 1 April 2009 relating to periods beginning on or after 1 April 2008

A return that contains an inaccuracy which was neither deliberate nor careless at the time the document was sent to us will be treated as careless and a penalty due if the company discovers the inaccuracy at a later time and does not take reasonable steps to tell us about it, see CH81080.

The company should amend its return where the time limit for doing so has not passed or provide HMRC with details of the error so that it can determine whether a discovery assessment should be made.