COM53013 - Claims / reliefs: other reliefs: legislation
The table below gives a brief explanation of what the legislation relevant to this subject contains.
Section | Explanation |
87A TMA 1970 | Interest is charged from the normal due date (Word 49KB) to the date of payment. |
109 (3) TMA 1970 | Interest under S 87A TMA 1970 not to run beyond date of S458 CTA 2010 repayment. |
Schedule 1A TMA 1970 | Claims, and so on, not included in returns. |
S393(1) ICTA 1988 | Carry forward of trading losses. |
S403 ICTA 1988 | Losses, and so on, which may be surrendered by way of group relief. |
S455 CTA 2010 | Loans to participators. |
S458 CTA 2010 | Relief from charge to tax under S458 where loan and so on repaid. |
S458(5) CTA 2010 | Defers relief under S455 until the normal due date for the AP in which the repayment, release or write-off takes place where it occurs after the due date for the AP in which the loan was made. |
S458(6) CTA 2010) | Schedule 1A TMA 1970 applies to claims for S458 relief, unless specific conditions satisfied. |
S747 ICTA 1988 | Imputation of chargeable profits and creditable tax of controlled foreign companies. |
S826(4) ICTA 1988 | Rules for determining the amount of repayment interest payable when repayment of tax is created by giving effect to a claim under S458 CTA 2010. |
Para 8 Sch 18 FA 1998 | Calculation of tax payable for a CTSA AP. |
Para 15(4) Sch 18 FA 1998 | Time limit for company to amend its return. |
Para 16 Sch 18 FA 1998 | Enables HMRC to correct obvious errors or omissions in a company’s tax return. |
Para 18(4) Sch 18 FA 1998 | No account to be taken of S458 relief deferred under S458(5) in calculating the tax base for tax-related penalties. |
Para 31(3) Sch 18 FA 1998 | Amendments to return by company during enquiry deferred until enquiry completed. |
Para 47 Sch 18 FA 1998 | Notice of assessment made by HMRC to show date of issue and time limit for appeal. |
Para 48 Sch 18 FA 1998 | Appeal against assessment which is not a self assessment. |
Para 51 Sch 18 FA 1998 | Relief in respect of a mistake in a return. |
Para 67 Sch 18 FA 1998 | Group relief claim to be included in company tax return. |
Para 68 Sch 18 FA 1998 | Content of group relief claims. |
Para 69 Sch 18 FA 1998 | Group relief claims for more or less than the amount available for surrender. |
Para 69(1) Sch 18 FA 1998 | Group relief claims can be made for less than the amount available for surrender. |
Para 69(2) Sch 18 FA 1998 | Group relief claim ineffective if made for more than the amount available for surrender. |
Para 69(4) Sch 18 FA 1998 | Where a company makes and withdraws group relief claims on the same day, the withdrawals are given effect to first. |
Para 69(5) Sch 18 FA 1998 | Where more than one claim made on the same day, which together exceed the amount available for surrender, HMRC can decide which claims are ineffective. |
Para 69(6) Sch 18 FA 1998 | HMRCs power under Para 69(5) limited to bringing total amount claimed as group relief within amount available for surrender. |
Para 70(1) Sch 18 FA 1998 | Every claim to group relief requires consent of surrendering company. |
Para 70(3) Sch 18 FA 1998 | How notice of consent to surrender of group relief to be given. |
Para 70(4) Sch 18 FA 1998 | Group relief claim to be accompanied by copy of notice of consent given by the surrendering company. |
Para 71 Sch 18 FA 1998 | Details required in notice of consent to surrender group relief. |
Para 71(2) Sch 18 FA 1998 | Notice of consent to surrender group relief cannot be amended but must be withdrawn and replaced by another notice of consent. |
Para 71(3) Sch 18 FA 1998 | Withdrawal of a notice of consent to be made by notice to the same HMRC office as that to which the notice was given. |
Para 71(4) Sch 18 FA 1998 | Notice of withdrawal to be accompanied by notice from claimant company signifying its consent to the withdrawal, otherwise it is ineffective. |
Para 71(5) Sch 18 FA 1998 | Claimant company must, as far as it can, amend its return to reflect the withdrawal of consent to the surrender of group relief. |
Para 72(1) Sch 18 FA 1998 | If surrendering company has already made its company tax return for the period to which the surrender relates, it must amend the return to reflect the notice of consent. |
Para 72(2) Sch 18 FA 1998 | If surrendering company has already obtained relief for an amount surrenderable as group relief for a later AP, it must amend its return for that later AP at the same time as it gives the notice of consent. |
Para 72(3) Sch 18 FA 1998 | Normal time limits for amending a company tax return relaxed to permit an amendment under Para 72(1) or (2). |
Para 73 Sch 18 FA 1998 | Withdrawal or amendment of group relief claim. |
Para 74 Sch 18 FA 1998 | Time limits for group relief claims. |
Para 74(2) Sch 18 FA 1998 | Time limits for withdrawal or claim of group relief extended if HMRC allow it. |
Para 74(3) Sch 18 FA 1998 | Time limits for amendment of a company tax return extended to enable withdrawal or claim of group relief under Para 74. |
Para 75 Sch 18 FA 1998 | Reduction in amounts available for group relief surrender. |
Para 75(2) Sch 18 FA 1998 | 30 days time limit for surrendering company to withdraw notices of consent where amount available for surrender is reduced. |
Para 75(3) Sch 18 FA 1998 | Notice of withdrawal of consent to be in writing and sent to each affected company and HMRC. |
Para 75(4) Sch 18 FA 1998 | HMRC can issue direction concerning which notices of consent are ineffective if surrendering company fails to do so under Para 75(3). |
Para 75(5) Sch 18 FA 1998 | HMRC must issue a copy of direction under Para 75(4) to each claimant company. |
Para 75(6) Sch 18 FA 1998 | Claimant company must amend its return for an AP for which less or no group relief is available if it can. |
Para 76 Sch 18 FA 1998 | HMRC can make an assessment to tax to recover excessive group relief. |
Part IX Sch 18 FA 1998 | Claims for capital allowances. |
Para 79 Sch 18 FA 1998 | Claim to capital allowances to be included in a company tax return. |
Para 80 Sch 18 FA 1998 | Claim to capital allowances must be quantified. |
Para 81 Sch 18 FA 1998 | Claim to capital allowances, once made, can only be amended or withdrawn by amending a company tax return. |
Para 82 Sch 18 FA 1998 | Time limit for claims to capital allowances. |
Para 83 Sch 18 FA 1998 | Consequential amendment of return for another AP where amount of capital allowances available is reduced. |
Para 83(2) Sch 18 FA 1998 | Company obliged to amend its return within 30 days where amount of capital allowances available is reduced. |
Para 83(3) Sch 18 FA 1998 | HMRC can amend a company tax return, where amount of capital allowances available is reduced, if company fails to do so. |
Para 83(4) Sch 18 FA 1998 | Time limit for amending company tax return extended to allow amendment under Para 83(2) or (3) where amount of capital allowances available is reduced. |
Para 83(5) Sch 18 FA 1998 | Company can appeal against a Revenue amendment of company tax return under Para 83(3) where amount of capital allowances available is reduced. |
Para 83(6) Sch 18 FA 1998 | Specifies the requirements of an appeal made under Para 83(5). |