C18C19C20C30C31C28C29C33C34C36C35 PART IV ASSESSMENT AND CLAIMS

Annotations:
Modifications etc. (not altering text)
C18

Pt. 4 applied (with modifications) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Working Tax Credit (Payment by Employers) Regulations 2002 (S.I. 2002/2172), regs. 1(1), 14(4)

C19

Pt. 4 applied (with modifications) (6.4.2004) by The Income Tax (Pay As You Earn) Regulations 2003 (S.I. 2003/2682), regs. 1, 80(5)

C30

Pt. 4 applied (with modifications) (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 34 (with reg. 1(4)(6))

C31

Pt. 4 applied (with modifications) (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 62(4) (with reg. 1(4)(6))

C33

Pt. 4 applied (with modifications) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C34

Pt. 4 applied (with modifications) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)

C36

Pt. 4 applied (with modifications) (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 79(4)

C35

Pts. 4, 5 applied (with modifications) (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 44

Time limits

C4C27C1C23C32C37C38C3934Ordinary time limit of F284 years.

C2C3C9C11C13C241

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, F16an assessment to income tax or capital gains tax may be made at any time F27not more than 4 years after the end of the year of assessment to which it relates.

F441A

In subsection (1) the reference to an assessment to capital gains tax includes a determination under section 29A (non-resident CGT disposals: determination of amount which should have been assessed).

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.

F453

In this section “assessment” does not include a self-assessment.

34AF46Ordinary time limit for self-assessments

1

Subject to subsections (2) and (3), a self assessment contained in a return under section 8 or 8A may be made and delivered at any time not more than 4 years after the end of the year of assessment to which it relates.

2

Nothing in subsection (1) prevents—

a

a person who has received a notice under section 8 or 8A within that period of 4 years from delivering a return including a self-assessment within the period of 3 months beginning with the date of the notice,

b

a person in respect of whom a determination under section 28C has been made from making a self-assessment in accordance with that section within the period allowed by subsection (5)(a) or (b) of that section.

3

Subsection (1) has effect 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.

4

This section has effect in relation to self-assessments for a year of assessment earlier than 2012-13 as if—

a

in subsection (1) for the words from “not more” to the end there were substituted “on or before 5 April 2017”, and

b

in subsection (2)(a) for the words “within that period of 4 years” there were substituted “on or before 5 April 2017”.

35F19Time limit: income received after year for which it is assessable

1

Where income to which this section applies is received in a year of assessment subsequent to that for which it is assessable, an assessment to income tax as respects that income may be made at any time F29not more than 4 years after the end of the year of assessment in which it was received.

2

This section applies to—

a

employment income,

b

pension income, and

c

social security income.

C17C5C15C16C21C26C40C41C4236F1F37Loss of tax brought about carelessly or deliberately etc

C25F301

An assessment on a person in a case involving a loss of income tax or capital gains tax brought about carelessly by the person may be made at any time not more than 6 years after the end of the year of assessment to which it relates (subject to subsection (1A) and any other provision of the Taxes Acts allowing a longer period).

1A

An assessment on a person in a case involving a loss of income tax or capital gains tax —

a

brought about deliberately by the person,

b

attributable to a failure by the person to comply with an obligation under section 7, F42...

c

attributable to arrangements in respect of which the person has failed to comply with an obligation under section 309, 310 or 313 of the Finance Act 2004 (obligation of parties to tax avoidance schemes to provide information to Her Majesty's Revenue and Customs), F43or

d

attributable to arrangements which were expected to give rise to a tax advantage in respect of which the person was under an obligation to notify the Commissioners for Her Majesty's Revenue and Customs under section 253 of the Finance Act 2014 (duty to notify Commissioners of promoter reference number) but failed to do so,

may be made at any time not more than 20 years after the end of the year of assessment to which it relates (subject to any provision of the Taxes Acts allowing a longer period).

1B

In subsections (1) and (1A) references to a loss brought about by the person who is the subject of the assessment include a loss brought about by another person acting on behalf of that person.

F112

F31Where the person mentioned in subsection (1) or (1A) (“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 F32in a case mentioned in F33subsection (1A) or (1B) 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 F35in a case mentioned in subsection (1) F34or (1A) 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.

F23A

In subsection (3) above, “claim or application” does not include an election under F25... F20any of sections 47 to 49 of ITA 2007F21(tax reductions for married couples and civil partners: elections to transfer relief)F17... .

F34

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 F36subsections (1) and (1A) above to be the act or omission of each member of the grouping.

F737 Neglect: income tax and capital gains tax.

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37AF4Effect of assessment where allowances transferred.

Where an assessment is made on any person F38in a case falling within section 36(1) or (1A), 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 F22deduction from net income or tax reduction made in the case of that person’s spouseF23or civil partnerF18... by virtue of F26... F24section 39, 51 or 52 of ITA 2007F18... ; F14and the entitlement in that case of the first-mentioned person for the year in question to any F22deduction from net income or tax reduction shall be treated as correspondingly reduced.

F838 Modification of s.37 in relation to partnerships.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F939 Neglect: corporation tax.

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C6C22C43C44C4540 Assessment on personal representatives.

C7C8C10C12C141

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 F39more than 4 years after the end ofF15the year of assessment in which the deceased died.

C7C8C10C12C142

F40In a case involving a loss of tax brought about carelessly or deliberately by a person who has died (or another person acting on that person's behalf before that person's death), 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 F41not more than 4 years after the end ofF15the year of assessment in which he died.

3

In F5this sectiontax” means income tax or capital gains tax.

F64

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.

F1041 Leave of General or Special Commissioners required for certain assessments.

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