43 Time limit for making claims. U.K.
(1)Subject to any provision of the Taxes Acts prescribing a longer or shorter period , no claim for relief under the Taxes Acts shall be allowed unless it is made
[F1(a)in the case of a claim with respect to income tax or capital gains tax, within five years from the 31st January next following the year of assessment to which it relates; and
(b)in the case of a claim with respect to corporation tax, within six years from the end of the accounting period to which it relates.]
(2)A claim (including a supplementary claim) which could not have been allowed but for the making of an assessment to income tax or capital gains tax after the year of assessment to which the claim relates may be made at any time before the end of the year of assessment following that in which the assessment was made.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 43(1) substituted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 14; S.I. 1998/3173, art. 2
F2 S. 43(3) added by Development Land Tax Act 1976 (c. 24) Sch. 8 para. 12. Development Land Tax Act 1976 repealed by Finance Act 1985 (c.54), s. 98(6), Sch. 27 Part X.
Modifications etc. (not altering text)
C1S. 43 modified (27.7.1993) by 1993 c. 34, s. 194(4)
C2S. 43(1) modified (19.4.1991) for the year of assessment 1988-1989 by S.I. 1991/851, regs. 1, 9, Sch. 2
S. 43(1) modified (28.3.1992) for the year of assessment 1989-90 by S.I. 1992/511, reg. 9, Sch.2
C3S. 43(1) applied (with modifications) (23.3.1993 with effect for the year of assessment 1990-91 only) by S.I. 1993/415, regs. 1(1), 9, Sch.2
C4S. 43(1) modified (with effect in accordance with reg. 1(1) of the amending S.I.) by The Lloyds Underwriters (Tax) (1991-92)Regulations 1994 (S.I. 1994/728), reg. 9, Sch. 2
C5 As to longer time limits, see—Income and Corporation Taxes Act 1970 (c. 10), s. 280(6)—adjustments consequential on depreciatory transaction within a group of companies. Income and Corporation Taxes Act 1988 (c. 1), s. 36—adjustment of charge on sale of land with right to reconveyance. Income and Corporation Taxes Act 1988 (c. 1), s. 62—commencing provisions for income tax under Sch. D Cases I and II. Income and Corporation Taxes Act 1988 (c. 1), s. 67—sources of income chargeable to income tax under Sch. D Case III, IV or V which are disposed of or cease to yield income. Income and Corporation Taxes Act 1988 (c. 1), s. 419(4)—adjustments of assessments on close companies to tax on loans to participators and to shortfall tax. Income and Corporation Taxes Act 1988 (c. 1), ss. 448, 806—double taxation relief. Income and Corporation Taxes Act 1988 (c. 1), s. 534—relief for copyright royalties, etc. Income and Corporation Taxes Act 1988 (c. 1), s. 585—relief on delayed remittances of overseas income. Income and Corporation Taxes Act 1988 (c. 1), s. 619—consequential adjustments of relief for retirement annuity premiums. Income and Corporation Taxes Act 1988 (c. 1), s. 700—adjustments on completion of administration of deceased person's estate. Income and Corporation Taxes Act 1988 (c. 1), s. 781(7)—adjustments on cancellation of certain reliefs for payments under leases of plant etc. S.I. 1956/1230, reg. 21—adjustments in respect of certain purchased life annuities.
C6See—S.I. 1974/896, reg. 4(2); S.I. 1989/421, Schedule—modification in relation to Lloyd's Underwriters; S.I. 1990/627, reg. 3(2), Schedule—modification for underwriters for 1987-88.
C7 See—Finance Act 1981 (c. 35), s. 134, Sch. 17 para. 18—application of s. 43(1) to the special tax on banking deposits; Income and Corporation Taxes Act 1988 (c. 1), Sch. 26—application of s.43to a claim for relief under Sch. 26 where the chargeable profits of a controlled foreign company are apportioned to a company resident in the UK.
C8S. 43(1) modified (with effect in accordance with regs. 14(2), 15(2) of the amending S.I.) by The Lloyds Underwriters (Tax) (1992-93 to 1996-97) Regulations 1995 (S.I. 1995/352), regs. 1(1), 14(1), 15(1), Sch.