Orchestra Tax Relief: how to make a claim: amending returns
S1217TA Corporation Tax Act 2009
The normal time limits for amending returns and making assessments are overridden in certain circumstances.
This will occur where the Orchestral Production Company (OPC) is required to amend a return to reflect the fact that the OPC was not entitled to Orchestra Tax Relief (OTR) for a period because of the level of EEA expenditure failing to achieve at least 25% of core expenditure on the theatrical production.
This applies to assessments and situations where the OTR claim was in excess of the amount the OPC was eligible to.
Where, under the amended return, the OPC is entitled to less relief than under the original return and therefore has to repay HMRC, interest will be due. Penalties will not typically be due unless the erroneous claim was made deliberately or due to carelessness.
This is the case regardless of whether the OTR simply reduced the Corporation Tax payable by the OPC or a claim for Orchestra Tax Credit was made.