SCHEDULES

SCHEDULE 13 COLLECTION OF ADVANCE CORPORATION TAX

Section 238(5), 241(4)

Duty to make returns

1

F1(1)

A company shall for each of its accounting periods make, in accordance with this Schedule, returns to the collector of—

(a)

the franked payments made and franked investment income received by it in that period,

(b)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the advance corporation tax (if any) payable by it in respect of the franked payments made F3. . . by it in that period.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

A return shall be made for—

(a)

each complete quarter falling within the accounting period, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December which falls within that period:

(b)

each part of the accounting period which is not a complete quarter and ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within the accounting period;

(c)

if none of those dates falls within the accounting period, the whole accounting period.

(3)

A return for any period for which a return is required to be made under this paragraph (“a return period”) shall be made within 14 days from the end of that period.

F5(4)

Subject to paragraphs 4(2), F6. . . and 7(3) below, no return need be made under this Schedule by a company for any period in which it has—

(a)

made no franked payments, F7. . .

(b)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of return

2

F8(1)

Subject to F9paragraph 7(2) below, the return made by a company for any return period shall show—

(a)

the amount of the franked payments, if any, made by it in that period,

(b)

the amount of franked investment income, if any, received by it in that period,

(c)

if any advance corporation tax is payable in respect of the franked payments, the amount thereof,

(d)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The return shall specify—

F11(a)

whether any amount of franked payments is included under paragraph (a) of sub-paragraph (1) above in consequence of the giving of a notice under section 247(3) and, if so, the amount so included;

F12(b)

whether any estimated amount of franked payments is included under that paragraph by virtue of paragraph 7(2) below and, if so, the amount so included;

(c)

whether any estimated amount of advance corporation tax is included under paragraph (c) of sub-paragraph (1) above by virtue of paragraph 7(2) below and, if so, the amount so included.

(3)

For the purposes of paragraph (b) of sub-paragraph (1) above the amount of franked investment income received by a company in a return period shall be treated as including the excess, if any, of—

(a)

any surplus of franked investment income carried forward to the accounting period for which the return is made; and

(b)

any amount of franked investment income received by the company in that accounting period but before the beginning of the return period,

over the amount of any franked payments made by the company in that accounting period but before the beginning of the return period.

(4)

For the purposes of paragraph (c) of sub-paragraph (1) above advance corporation tax shall be payable in respect of franked payments made in a return period if—

(a)

the amount shown under paragraph (a) of that sub-paragraph exceeds the amount shown under paragraph (b) of that sub-paragraph, or

(b)

no amount is shown under paragraph (b) of that sub-paragraph;

and the amount of that tax shall be calculated F13in accordance with sub-paragraph (4A) below.

F14(4A)

The tax mentioned in sub-paragraph (4) above shall be calculated at a rate equal to nine-tenths of the rate of advance corporation tax in force for the financial year in which the return period ends—

(a)

in a case falling within paragraph (a) of that sub-paragraph, on the excess mentioned in that paragraph; or

(b)

in a case falling within paragraph (b) of that sub-paragraph, on the amount shown under sub-paragraph (1)(a) above.

F15(5)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of tax

3

(1)

Subject to paragraph 7(2) below, advance corporation tax in respect of franked payments F17F18. . . required to be included in a return under this Schedule shall be due at the time by which the return for that period is to be made, and advance corporation tax so due shall be payable without the making of any assessment.

(2)

Advance corporation tax which has become so due may be assessed on the company (whether or not it has been paid when the assessment is made) if that tax, or any part of it, is not paid on or before the due date.

(3)

If it appears to F19an officer of the Board that there is a franked payment F20F21. . . which ought to have been and has not been included in a return, F22or if an officer of the Board is of the opinion that a return is incorrect, any such officer may make an assessment on the company to the best of his judgment; and any advance corporation tax due under an assessment made by virtue of this sub-paragraph shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.

International headquarters companies

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

3A

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

3B

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Receipt of franked investment income after payment of advance corporation tax

4

(1)

This paragraph shall have effect where—

(a)

a return has been made of franked payments made in any return period falling within an accounting period and advance corporation tax has been paid in respect of those payments; and

(b)

the company receives franked investment income after the end of the return period but before the end of the accounting period.

(2)

The company shall make a return under paragraph 1 above for the return period in which the franked investment income is received whether or not it has made any franked payments F25F26. . . in that period, and, subject to sub-paragraph (3) below, shall be entitled to repayment of any advance corporation tax paid (and not repaid) in respect of franked payments made in the accounting period in question.

F27(3)

The amount of the repayment—

(a)

if no franked payments were made by the company in the return period for which a return is made by virtue of sub-paragraph (2) above, shall not exceed an amount equal to the advance corporation tax that would be payable in respect of a distribution equal to the difference between—

(i)

the franked investment income received, and

(ii)

the tax credit comprised in that franked investment income; and

(b)

in any other case, shall not exceed an amount equal to the advance corporation tax that would be payable in respect of a distribution equal to the amount by which—

(i)

the franked investment income received, exceeds

(ii)

the franked payments made in the return period,

at the rate provided in paragraph 2(4A) above.

Receipt of foreign income dividends after payment of advance corporation tax

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

4A

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claims for set-off in respect of franked investment income received by a company

5

Where under paragraph 2 or 4 above franked investment income received by a company falls to be taken into account in determining—

(a)

whether advance corporation tax is payable or repayable; or

(b)

the amount of such tax which is payable or repayable,

the inclusion of that franked investment income in the appropriate return shall be treated as a claim by the company to have it so taken into account, and any such claim shall be supported by such evidence as F29an officer of the Board may reasonably require.

6

(1)

Where a claim has been made under paragraph 5 above no proceedings for collecting tax which would fall to be discharged if the claim were allowed shall be instituted pending the final determination of the claim, but this sub-paragraph shall not affect the date when the tax is due.

(2)

When the claim is finally determined any tax underpaid in consequence of sub-paragraph (1) above shall be paid.

(3)

Where proceedings are instituted for collecting tax assessed, or interest on tax assessed, under any provision of this Schedule, effect shall not be given to any claim made after the institution of the proceedings so as to affect or delay the collection or recovery of the tax charged by the assessment or of interest thereon, until the claim has been finally determined.

(4)

When the claim is finally determined any tax overpaid in consequence of sub-paragraph (3) above shall be repaid.

(5)

References in this paragraph to proceedings for the collection of tax include references to proceedings by way of distraint or poinding for tax.

Claims for set-off in respect of foreign income dividends received by a company

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

6A

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifying distributions which are not payments and payments of uncertain nature

7

(1)

This paragraph applies to—

(a)

any qualifying distribution which is not a payment; and

(b)

any payment in respect of which the company making it would be liable to pay advance corporation tax if, but only if, it amounted to or involved a qualifying distribution and it is not in the circumstances clear whether or how far it does so.

F31(2)

No amount is required to be shown under paragraph 2(1)(a) or (c) above in respect of the qualifying distribution or payment and, unless estimated amounts are shown by virtue of paragraph (a) below, paragraph 3(1) above shall not apply in relation to advance corporation tax in respect thereof; but—

(a)

the company making the return may include under paragraph 2(1)(a) and (c) above estimated amounts in respect of the qualifying distribution or payment; and

(b)

if it does so, paragraph 3(1) above shall apply in relation to advance corporation tax in respect thereof as it applies in relation to advance corporation tax in respect of franked payments which are required to be included in the return.

(3)

F32Whether or not estimated amounts are also included under paragraph 2(1)(a) or (c) above in respect of the qualifying distribution or payment, particulars of the qualifying distribution or payment shall be given separately in the return for the return period in which it is made F33and if in that period no franked payment (apart from that distribution or payment) is made F34. . . , a return containing those particulars shall be made for that period under paragraph 1 above.

F35(3A)

Sub-paragraph (4) below applies—

(a)

if an estimated amount is not included under paragraph 2(1)(a) or (c) above in respect of the qualifying distribution or payment; or

(b)

if an officer of the Board is of the opinion that an estimated amount which is included under paragraph 2(1)(a) or (c) above in respect of the qualifying distribution or payment is incorrect.

(4)

Where this sub-paragraph applies, any advance corporation tax payable in respect of the qualifying distribution or payment shall be assessed on the company and shall be so assessed without regard to any franked investment income received by the company, but—

(a)

relief shall be given in accordance with sub-paragraph (4A) or (4B) below;

(b)

for the purposes of the application of paragraph 2(3) above to any subsequent return period, the amount of the franked payment comprising the qualifying distribution or payment shall be taken to be the amount calculated as mentioned in sub-paragraph (4A) or (4B) below, as the case may be; and

(c)

any advance corporation tax due under an assessment made by virtue of this sub-paragraph shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if correct amounts had been included under paragraph 2(1)(a) and (c) above in respect of the qualifying distribution or payment.

(4A)

Where sub-paragraph (4) above applies by virtue of sub-paragraph (3A)(a) above, relief shall be given from the tax assessed (by discharge thereof) to the extent, if any, to which that tax exceeds the tax that would have been payable if the amount of the franked payment comprising the qualifying distribution or payment, calculated on the amount or value thereof shown in the assessment, had been included in the return under sub-paragraph (1)(a) of paragraph 2 above and the tax had been calculated in accordance with sub-paragraph (4) of that paragraph.

(4B)

Where sub-paragraph (4) above applies by virtue of sub-paragraph (3A)(b) above, relief shall be given from the tax assessed (by discharge thereof) to the extent, if any, to which that tax exceeds the tax that would have been payable if the excess (if any) of—

(a)

the amount of the franked payment comprising the qualifying distribution or payment, calculated on the amount or value thereof shown in the assessment, over

(b)

the estimated amount specified under paragraph 2(2)(b) above in respect of that franked payment,

had been included in the return under sub-paragraph (1)(a) of paragraph 2 above and the tax had been calculated in accordance with sub-paragraph (4) of that paragraph.

Amended return where company becomes aware of an error

7A

(1)

If a company becomes aware—

(a)

that anything which ought to have been included in a return made by it under this Schedule for any return period has not been so included,

(b)

that anything which ought not to have been included in a return made by it under this Schedule for any return period has been so included,

(c)

that an estimated amount included by virtue of paragraph 7(2)(a) above in a return under this Schedule for any period is incorrect, or

(d)

that any other error has occurred in a return made by it under this Schedule for any return period,

it shall forthwith supply to the collector an amended return for that return period.

(2)

The duty imposed by sub-paragraph (1) above is without prejudice to any duty that may also arise under paragraph 7A of Schedule 16.

(3)

Where an amended return is supplied under this paragraph, all such assessments, adjustments, set-offs or payments or repayments of tax shall be made as may be required for securing that the resulting liabilities to tax (including interest on unpaid or overpaid tax) whether of the company or any other person are the same as they would have been if a correct return had been made.

Items included in error

8

Where any item has been included in a return under this Schedule as a franked payment made or as franked investment income received by a company but that item should have been included in a return or claim under Schedule 16, F36an officer of the Board may make any such assessments, adjustments or set-offs as may be required for securing that the resulting liabilities to tax (including interest on unpaid tax) whether of the company or of any other person are the same as they would have been if the item had been included in the right return or claim.

Qualifying distribution made otherwise than in an accounting period

9

Where a company makes a qualifying distribution on a date which does not fall within an accounting period the company shall make a return of that distribution within 14 days from that date, and the advance corporation tax in respect thereof shall be due at the time by which the return is to be made, except where the distribution is not a payment in which case the advance corporation tax shall be assessed on the company.

Manufactured foreign income dividends

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

9A

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessments and due date of tax

10

(1)

All the provisions of the Corporation Tax Acts as to the time within which an assessment may be made, so far as they refer or relate to the accounting period for which an assessment is made, or the accounting period to which an assessment relates, shall apply in relation to an assessment under this Schedule notwithstanding that, under this Schedule, the assessment may be said to relate to a quarter or other period which is not an accounting period; and the provisions of F38section 36 of the Management Act as to the circumstances in which an assessment may be made out of time shall apply accordingly on the footing that any such assessment relates to the accounting period in which the quarter or other period ends or, in the case of an assessment under paragraph 9 above, to an accounting period ending on the date on which the distribution is made.

(2)

Advance corporation tax assessed on a company under this Schedule shall be due within 14 days after the issue of the notice of assessment (unless due earlier under paragraph 3(1) or 9 above).

(3)

Sub-paragraph (2) above has effect subject to any appeal against the assessment, but no such appeal shall affect the date when tax is due under paragraph 3(1) or 9 above.

(4)

On the determination of an appeal against an assessment under this Schedule any tax overpaid shall be repaid.

(5)

Any tax assessable under any one or more of the provisions of this Schedule may be included in one assessment if the tax so included is all due on the same date.