CTM90625 - Corporation tax self-assessment (CTSA): Claims and elections: Affecting only one accounting period
FA98/SCH18/PARA57 covers claims that affect only one accounting period (“the relevant accounting period”).
FA98/SCH18/PARA57 does not apply to a claim by a company where the specific exclusions at PARA 57(1A) - (1C) apply.
- A repayment of income tax is treated as having been paid by virtue of gifts qualifying for gift aid relief:
- Charitable companies
- Eligible bodies
- Community amateur sports clubs
- A repayment of income tax is deducted at source from income which is exempt from tax by virtue of:
- Investment income and non-trading profits from loan relationships
- Public revenue dividends
- Certain miscellaneous income
- Income from estates in administration
- Interest and gift aid income: community amateur sports clubs
- An amount is to be exempt from tax by virtue of
- Gifts qualifying for gift relief to charitable companies
- Gifts qualifying for gift relief to eligible bodies
- Any of the CTA 10 provisions mentioned at the second bullet above.
When a notice to deliver a return has been issued for the relevant accounting period a claim or election, which the company can make by including it in the return (original or amended), must be made in that way.
If the company has delivered a company tax return for the relevant accounting period you must treat any subsequent claim or election that the company makes that it could make in an amended return, as an amendment of the return.
The provisions of FA98/SCH18/PARA15 (amendment of return by a company) apply to claims made by amendment of a return. See CTM93300 for guidance on “amended returns”.
The claim is valid if it:
- complies with the general rules for claims (for example, it is quantified),
- complies with any special rules applying to particular claims, and
- contains sufficient information to adequately describe the relief sought.
If a company cannot include a claim or election in a return or an amended return because it is out of time to do so, the rules in TMA70/SCH1A apply. You can then only give effect to the claim by discharge or repayment. The rules are described at CTM90635.