Modifications etc. (not altering text)
C1Pt. 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)
C2 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)
(1)This section applies where—
(a)by virtue of [F2section 29 of this Act] [F3or section 412(3) of the principal Act] an assessment is made on any person for a chargeable period, and
(b)the assessment is not made for the purpose of making good to the Crown any loss of tax attributable to his fraudulent or negligent conduct or the fraudulent or negligent conduct of a person acting on his behalf.
(2)Without prejudice to section 43(2) above but subject to section 43B below, where this section applies—
(a)any relevant claim, election, application or notice which could have been made or given within the time allowed by the Taxes Acts may be made or given at any time within one year from the end of the chargeable period in which the assessment is made, and
(b)any relevant claim, election, application or notice previously made or given may at any such time be revoked or varied—
(i)in the same manner as it was made or given, and
(ii)by or with the consent of the same person or persons who made, gave or consented to it (or, in the case of any such person who has died, by or with the consent of his personal representatives),
except where by virtue of any enactment it is irrevocable.
[F4(2A)In subsection (2) above, “claim, election, application or notice” does not include an election under section 257BA of the principal Act (elections as to transfer of married couple’s allowance).]
(3)For the purposes of this section and section 43B below, a claim, election, application or notice is relevant in relation to an assessment for a chargeable period if—
(a)it relates to that chargeable period or is made or given by reference to an event occurring in that chargeable period, and
(b)it or, as the case may be, its revocation or variation has or could have the effect of reducing any of the liabilities mentioned in subsection (4) below.
(4)The liabilities referred to in subsection (3) above are—
(a)the increased liability to tax resulting from the assessment,
(b)any other liability to tax of the person concerned for—
(i)the chargeable period to which the assessment relates, or
(ii)any chargeable period which follows that chargeable period and ends not later than one year after the end of the chargeable period in which the assessment was made.
(5)Where a claim, election, application or notice is made given, revoked or varied by virtue of subsection (2) above, all such adjustments shall be made, whether by way of discharge or repayment of tax or the making of assessments or otherwise, as are required to take account of the effect of the taking of that action on any person’s liability to tax for any chargeable period.
(6)The provisions of this Act relating to appeals against decisions on claims shall apply with any necessary modifications to a decision on the revocation or variation of a claim by virtue of subsection (2) above.]
Textual Amendments
F1Ss. 43A, 43B inserted (with effect in relation to any assessment notice which is issued on or after 27 July 1989) by Finance Act 1989 (c. 26), s. 150
F2Words in s. 43A(1) substituted (with effect in accordance with s. 199(2)(3), Sch. 19 para. 15(2) of the amending Act) by Finance Act 1994 (c. 9), Sch. 19 para. 15(1); S.I. 1998/3173, art. 2
F3Words in s. 43A(1)(a) inserted (27.7.1993) by 1993 c. 34, s. 120, Sch. 14 para.2
F4S. 43A(2A) inserted (16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 20, Sch. 5 paras. 9(4), 10