CTM90655 - Corporation tax self-assessment (CTSA): Claims and elections: Another person’s liability affected

When a claim under FA98/SCH18/PARA62:

• alters the tax liability of any other person, a company can only make, vary or revoke a claim with the written consent of that other person - FA98/SCH18/PARA63 (1).If that other person has died, the company must obtain consent from the personal representatives.

  When the result of a claim under Paragraph 62 is to increase another person’s liability to tax, neither FA98/SCH18/PARA61, see CTM90650, nor TMA70/S43A (which makes corresponding provision for IT and CGT) applies to any assessment made because of that increased liability - Paragraph 63 (2).

  “Tax” is defined for these purposes as including IT and CGT - Paragraph 63 (3).