PART IV ASSESSMENT AND CLAIMS
Time limits
34Ordinary time limit of six years.
(1)
Subject to the following provisions of this Act, and to any other provisions of the Taxes Acts allowing a longer period in any particular class of case, an assessment to tax may be made at any time not later than
F1(a)
in the case of an assessment to income tax or capital gains tax, five years after the 31st January next following the year of assessment to which it relates; and
(b)
in the case of an assessment to corporation tax, six years after the end of the accounting period to which it relates.
(2)
An objection to the making of any assessment on the ground that the time limit for making it has expired shall only be made on an appeal against the assessment.
35 Emoluments received after year for which they are assessable.
(1)
Where income to which this section applies is received in a year of assessment subsequent to that for which it is assessable, assessments to income tax as respects that income may be made at any time within six years after the year of assessment in which it was received.
(2)
The income to which this section applies is any income which is chargeable to tax under Schedule E, but which is not taken into account in an assessment to income tax for the year of assessment in which it is received; and for the purposes of this section—
F2(a)
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(b)
any payment chargeable to tax by virtue of section [F3148] of the principal Act (payments on retirement or loss of office or employment) shall notwithstanding anything in subsection (4) of that section (notional date of payment) be treated as having been received at the time it was actually received.
F436Fraudulent or negligent conduct.
(1)
An assessment on any person (in this section referred to as “the person in default”) for the purpose of making good to the Crown a loss of tax attributable to his fraudulent or negligent conduct or the fraudulent or negligent conduct of a person acting on his behalf may be made at any time not later than
F5(a)
in the case of an assessment to income tax or capital gains tax, twenty years after the 31st January next following the year of assessment to which it relates; and
(b)
in the case of an assessment to corporation tax, twenty-one years after the end of the accounting period to which it relates.
F6(2)
Where the person in default carried on a trade, profession or business with one or more other persons at any time in the period for which the assessment is made, an assessment in respect of the profits or gains of the trade, profession or business for the purpose mentioned in subsection (1) above may be made not only on the person in default but also on his partner or any of his partners.
(3)
If the person on whom the assessment is made so requires, in determining the amount of the tax to be charged for any chargeable period in any assessment made for the purpose mentioned in subsection (1) above, effect shall be given to any relief or allowance to which he would have been entitled for that chargeable period on a claim or application made within the time allowed by the Taxes Acts.
F7(3A)
In subsection (3) above, “claim or application” does not include an election under section 257BA of the principal Act (elections as to transfer of married couple’s allowance).
F8(4)
Any act or omission such as is mentioned in section 98B below on the part of a grouping (as defined in that section) or member of a grouping shall be deemed for the purposes of subsection (1) above to be the act or omission of each member of the grouping.
F937 Neglect: income tax and capital gains tax.
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F1037AEffect of assessment where allowances transferred.
Where an assessment is made on any person for the purpose of making good a loss of tax wholly or partly attributable to F11fraudulent or negligent conduct, the fact that the person’s F12liability to income tax or total income for any year of assessment is assessed as greater than it was previously taken to be shall not affect the validity of F13any income tax reduction or deduction from total income made in the case of that person’s spouse by virtue of section F14257BB, 257D or 265 of the principal Act; F15and the entitlement in that case of the first-mentioned person for the year in question to any income tax reduction or deduction from total income shall be treated as correspondingly reduced.
F1638 Modification of s.37 in relation to partnerships.
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F1739 Neglect: corporation tax.
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40 Assessment on personal representatives.
(1)
For the purpose of the charge of tax on the executors or administrators of a deceased person in respect of the income, or chargeable gains, which arose or accrued to him before his death, the time allowed by section 34, 35 or 36 above shall in no case extend beyond the end of F18the period of three years beginning with the 31st January next following the year of assessment in which the deceased died.
(2)
F19... , for the purpose of making good to the Crown any loss of tax attributable to the F20fraudulent or negligent conduct of a person who has died, an assessment on his personal representatives to tax for any year of assessment ending not earlier than six years before his death may be made at any time before the end of F18the period of three years beginning with the 31st January next following the year of assessment in which he died.
(3)
In F21this section “tax” means income tax or capital gains tax .
F22(4)
Any act or omission such as is mentioned in section 98B below, on the part of a grouping (as defined in that section) or member of a grouping shall be deemed for the purposes of subsection (2) above to be the act or omission of each member of the grouping.
F23(4)
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F23(5)
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F2441 Leave of General or Special Commissioners required for certain assessments.
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