C1 PART IVC2 ASSESSMENT AND CLAIMS
See also Income and Corporation Taxes Act 1988 (c. 1), s. 252 (assessments to rectify excessive set-off etc. of advance corporation tax or tax credit)
Time limits
C334Ordinary time limit of six years.
C8C4C7C5C6C32C28C30C221
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
F15a
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. C9
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—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any payment chargeable to tax by virtue of section [F2148] 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.
C10C11C29C2536F3Fraudulent or negligent conduct.
C12C13C14C23C24C261
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
F16a
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.
F172
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.
F43A
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).
F54
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.C15
F2137 Neglect: income tax and capital gains tax.
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37AF8Effect 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 F6fraudulent or negligent conduct, the fact that the person’s F19liability 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 F20any income tax reduction or deduction from total income made in the case of that person’s spouse by virtue of section F7257BB, 257D or 265 of the principal Act; F14and 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.
F2438 Modification of s.37 in relation to partnerships.
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F2339 Neglect: corporation tax.
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C1640 Assessment on personal representatives.
C17C18C31C21C271
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 diedC19.
C17C18C31C21C272
F9... , for the purpose of making good to the Crown any loss of tax attributable to the F10fraudulent 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
F124
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.
F134
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F135
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F2241 Leave of General or Special Commissioners required for certain assessments.
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Pt. 4 (ss. 29-43B) applied (with modifications) (6.4.1993) by The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 (S.I. 1993/743), reg. 14(2) (revoked (6.4.2007) by S.I. 2005/2045, Sch. 2)