SCHEDULES

C1F1SCHEDULE 1ABRecovery of overpaid tax etc

Annotations:
Amendments (Textual)
F1

Sch. 1AB inserted (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 2 (with Sch. 52 paras. 10, 11)

Amendment of partnership return etc in connection with claim

7

1

This paragraph applies where—

a

a claim is made under this Schedule,

b

the claimant is one of two or more persons carrying on a trade, profession or business in partnership,

c

the grounds for giving effect to the claim also provide grounds for amending, under section 30B(1) (discovery of loss of tax from partnership), a return made by the partnership or any of the partners in respect of any period, and

d

such an amendment could be made but for a relevant restriction.

2

The following are relevant restrictions—

a

the conditions in section 30B(4) to (6), and

b

the expiry of a time limit for making an assessment under that section.

3

Where this paragraph applies—

a

the relevant conditions are to be disregarded, and

b

the amendment is not out of time if it is made before the final determination of the claim.