Corporation Tax Act 2009

761Declaration of provisional entitlement to reliefU.K.
This section has no associated Explanatory Notes

(1)A company realising an intangible fixed asset may make a declaration of provisional entitlement to relief under this Chapter.

(2)While the declaration continues in force, this Chapter applies as if the conditions for relief under this Chapter were met.

(3)A declaration of provisional entitlement is a declaration by the company, in its company tax return for the accounting period in which the realisation takes place, that the company—

(a)has realised an intangible fixed asset,

(b)proposes to meet the conditions for relief under this Chapter, and

(c)accordingly is provisionally entitled to relief of a specified amount.

(4)A declaration of provisional entitlement ceases to have effect if or to the extent that—

(a)it is withdrawn, or

(b)it is superseded by a claim for relief under this Chapter.

(5)So far as not previously withdrawn or superseded, a declaration of provisional entitlement ceases to have effect 4 years after the end of the accounting period in which the realisation took place.

(6)If a declaration of provisional entitlement ceases to have effect, in whole or in part, all necessary adjustments must be made, by assessment or otherwise.

(7)Subsection (6) applies despite any limitation on the time within which assessments or amendments may be made.