Taxes Management Act 1970

[F142 Procedure for making claims etc.U.K.

(1)Where any provision of the Taxes Acts provides for relief to be given, or any other thing to be done, on the making of a claim, this section shall, unless otherwise provided, have effect in relation to the claim.

[F2(1A)Subject to subsection (3) below, a claim for a relief, an allowance or a repayment of tax shall be for an amount which is quantified at the time when the claim is made.]

(2)Subject to [F3subsections (3) and (3A)] below, where notice has been given under section 8, 8A, 11 or 12AA of this Act, a claim shall not at any time be made otherwise than by being included in a return under that section if it could, at that or any subsequent time, be made by being so included.

(3)[F4Subsections (1A) and (2)] above shall not apply in relation to any claim which falls to be taken into account in the making of deductions or repayments of tax under section 203 of the principal Act.

F5(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F6Subject to subsection (4A) below,] a claim made by a company for payment of a tax credit shall be made by being included in a return under section 11 of this Act.

[F7(4A)Subsection (4) above shall not apply where—

(a)the company is wholly exempt from corporation tax or is only not so exempt in respect of trading income; and

(b)the tax credit is not one in respect of which a payment on account may be claimed by the company under Schedule 19AB to the principal Act.]

(5)The references in [F8this section] to a claim being included in a return include references to a claim being so included by virtue of an amendment of the return; and the reference in subsection (4) above to a claim for payment includes a reference to a claim resulting in payment.

(6)In the case of a trade, profession or business carried on by persons in partnership, a claim under any of the provisions mentioned in subsection (7) below shall be made—

(a)where subsection (2) above applies, by being included in a return under section 12AA of this Act, and

(b)in any other case, by such one of those persons as may be nominated by them for the purpose.

(7)The provisions are—

(a)[F9sections F10... 84], 91B, 101(2), F11... F10... 471, 472, 484, 504, 531, F12..., 570, 571(4), 579(4), 723(3), 732(4), 810 of, and paragraphs 2, 6 and 11 of Schedule 5 to, the principal Act;

(b)section 43(5) of the Finance Act 1989;

(c)sections 1, 11, 17, 22, 23, 24, 25, F13... 31, F13... [F1433A,] 37, F13... 53, 55, 68(5), 68(9), 77, 78, F13... 129(2), 140(3), 141 and 158 of the Capital Allowances Act 1990; and

(d)sections 41 and 42 of the Finance (No. 2) Act 1992.

(8)A claim may be made on behalf of an incapacitated person by his trustee, guardian, tutor or curator; and a person who under Part VIII of this Act has been charged with tax on the profits of another person may make any such claim for relief by discharge or repayment of that tax.

(9)Where a claim has been made (whether by being included in a return under section 8, 8A, 11 or 12AA of this Act or otherwise) and the claimant subsequently discovers that an error or mistake has been made in the claim, the claimant may make a supplementary claim within the time allowed for making the original claim.

(10)This section [F15(except subsection (1A) above)] shall apply in relation to any elections F16... as it applies in relation to claims.

(11)Schedule 1A to this Act shall apply as respects any claim [F17or election] which—

(a)is made otherwise than by being included in a return under section 8, 8A, 11 or 12AA of this Act, F18...

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(11A)Schedule 1B to this Act shall have effect as respects certain claims for relief involving two or more years of assessment.]

F20(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In this section “profits”—

(a)in relation to income tax, means income,

(b)in relation to capital gains tax, means chargeable gains, and

(c)in relation to corporation tax, means profits as computed for the purposes of that tax.]

Textual Amendments

F1S. 42 substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 13; S.I. 1998/3173, art. 2

F2S. 42(1A) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(1)

F3Words in s. 42(2) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(2)

F4Words in s. 42(3) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(3)

F5S. 42(3A)(3B) repealed (with effect in accordance with s. 128(11) of the amending Act) by Finance Act 1996 (c. 8), s. 128(1)(a), Sch. 41 Pt. 5(6)

F6Words in s. 42(4) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(5)

F7S. 42(4A) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(6)

F8Words in s. 42(5) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(7)

F9Words in s. 42(7)(a) substituted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(8)

F10Words in s. 42(7)(a) repealed (with effect in accordance with s. 130(1) of the amending Act) by Finance Act 1996 (c. 8), s. 130(2)(a), Sch. 41 Pt. 5(7)

F11Word in s. 42(7)(a) repealed (with effect in relation to payments made on or after 6.4.1997) by Finance Act 1997 (c. 16), Sch. 18 Pt. 6(2)

F12Words in s. 42(7)(a) repealed (with effect in accordance with s. 128(12) of the amending Act) by Finance Act 1996 (c. 8), s. 128(1)(b), Sch. 41 Pt. 5(6)

F13Words in s. 42(7)(c) repealed (with effect in accordance with s. 130(1) of the amending Act) by Finance Act 1996 (c. 8), s. 130(2)(b), Sch. 41 Pt. 5(7)

F14Word in s. 42(7)(c) inserted (with effect in accordance with s. 98 of the amending Act) by Finance Act 1995 (c. 4), s. 97(2)

F15Words in s. 42(10) inserted (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(9)

F16Words in s. 42(10) repealed (with effect in accordance with s. 130(1) of the amending Act) by Finance Act 1996 (c. 8), s. 130(3), Sch. 41 Pt. 5(7)

F17Words in s. 42(11) substituted (with effect in accordance with s. 130(1) of the amending Act) by Finance Act 1996 (c. 8), s. 130(4)

F18S. 42(11)(b) and preceding word repealed (with effect in accordance with s. 103(7) of the amending Act) by Finance Act 1995 (c. 4), s. 107(10), Sch. 29 Pt. 8(14)

F19S. 42(11A) inserted (with effect in accordance with s. 128(11) of the amending Act) by Finance Act 1996 (c. 8), s. 128(1)(c)

F20S. 42(12) repealed (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 1996 (c. 8), Sch. 22 para. 6, Sch. 41 Pt. 5(12)

Modifications etc. (not altering text)

C1S. 42 restricted (3.5.1994) by Finance Act 1994 (c. 9), s. 118(7)

C2S. 42 excluded by Capital Allowances Act 1990 (c. 1), s. 140(3) (as substituted (with effect in accordance with ss. 211(2), 218 of the amending Act) by Finance Act 1994 (c. 9), s. 211(1) (with s. 214(7), Sch. 20))

C4S. 42 excluded by Income and Corporation Taxes Act 1988 (c. 1), Sch. 13A para. 5(2) (as inserted (with effect in accordance with Sch. 25 para. 3 of the amending Act) by Finance Act 1996 (c. 8), Sch. 25 para. 2; S.I. 1998/3173, art. 2)

C5S. 42 excluded by Income and Corporation Taxes Act 1988 (c. 1), Sch. 19AB para. 1(6) (as substituted (with effect in accordance with s. 169(3) of the amending Act) by Finance Act 1996 (c. 8), Sch. 34 para. 1(5))

C6S. 42 excluded (with effect in accordance with s. 129(5) of the amending Act) by Finance Act 1996 (c. 8), s. 129(1)(a)

C7S. 42 excluded (with effect in accordance with s. 129(6) of the amending Act) by Finance Act 1996 (c. 8), s. 129(1)(b) (repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. 3(15), Note of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. 3(15))

C8S. 42 excluded by Capital Allowances Act 1990 (c. 1), s. 59C(7) (as inserted by Finance Act 1997 (c. 16), Sch. 16 para. 6(1)(2)); 1990 c. 1 repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 580, Sch. 4