EM8030 - Companies: Rights and Obligations: Claims and Elections
TMA70/S42
FA98/SCH18/PARA 57(2)
FA98/SCH18/PARA 58(2)
FA07/SCH24
Once a notice to deliver a Company Tax Return has been given, most claims that a company can make have to be included in a return. If such claims are made outside a return they should be sent back with an explanation that claims can only be made as part of the return.
A claim involving more than one accounting period is treated as amendments to all relevant returns that are capable of being amended.
If, or to the extent that, a claim
- cannot be made in a return, or
- by amendment of a return
the rules in TMA70/Sch 1A apply.
Group relief claims, capital allowances claims and claims for R&D tax credit etc. must be made in a return or amended return. Certain other claims, specified at FA98/Sch 18/Para 9, cannot be made before a company delivers its return.
A company can be liable to a penalty under FA07/SCH24 if it gives HMRC a return or other document that contains a deliberate or careless inaccuracy, see CH80000+. A claim made under TMA70/SCH1A would be an ‘other document’.
Where a claim fails because the statutory conditions for the claim were not met, liability to a penalty still arises if the inaccurate claim was made deliberately or carelessly.