APC60060 - Claims: amending returns

S1216EC Corporation Tax Act 2009

The normal time limits for amending returns and making assessments are overridden in certain circumstances.

This will occur where the Television Production Company (TPC) is required to amend a return to reflect the fact that the TPC was not entitled to Television Tax Relief (TTR) for a period because of:

• a loss of the animation’s status as a British animation, or
• the level of UK expenditure failing to achieve 25% or 10% (whichever applies) of core expenditure.

This applies to assessments and situations where the TTR claimed was in excess of that the TPC was eligible to.

Where, under the amended return, the TPC 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 due to carelessness or deliberately.

This is the case whether the TTR simply reduced the Corporation Tax payable by the company or a claim for the payable tax credit was made.