Non-residents working on the UK continental shelf: self assessment and appeals: notices of commencement and chargeability to CT
Coming within the charge to CT
For accounting periods commencing on or after 22 July 2004 a company must notify the beginning of
- its first accounting period, and
- any subsequent accounting period following a period of dormancy.
The notice, which can be given to any HMRC officer, must
- be in writing
- be given within 3 months of the start of the accounting period
- give the date the accounting period started
- provide the additional information specified by regulations.
An accounting period begins when a company first comes within the charge to CT, under CTA09\S1313 or otherwise.
Companies that do not have a Companies House registration can obtain a UTR (Unique Taxpayer Reference) by contacting LB London Oil & Gas Sector and providing the following details:
- the company name
- the company address
- the first accounting period for which a corporation tax liability arises.
Notice of chargeability
In addition companies are required, if they do not receive a notice to file a return, to notify HMRC of their chargeability to tax within 12 months from the end of the accounting period.
Contractors Inc. carries out an activity on the UK continental shelf in connection with the exploitation of the UK’s oil & gas during the six months from 1 April 2008 to 30 September 2008. The accounting period will coincide with the period of activity and the company must:
- Notify coming within the charge to CT by 30th June 2008,;
If it turns out that Contractors Inc. has a tax liability of £100,000 for this six-month period.
- If the company does not get a notice to file, give notice of actual chargeability to HMRC for that accounting period by 30 September 2009. If Contractors Inc. fails to give notice in time, tax-related penalties are chargeable. The maximum penalty is equal to the amount of the tax payable for the accounting period that is unpaid 12 months after the end of the accounting period.
Tax-geared penalties may be mitigated. The relevant penalties legislation is at FA1998\Sch18\Para2 and FA2008\Sch41.