128 Claims for reliefs involving two or more years.U.K.
(1)In section 42 of the Taxes Management Act 1970 (procedure for making claims etc.)—
(a)subsections (3A) and (3B) (which are superseded by subsection (2) below) shall cease to have effect;
(b)in subsection (7)(a), the words “534, 535, 537A, 538” shall cease to have effect; and
(c)after subsection (11) there shall be inserted the following subsection—
“(11A)Schedule 1B to this Act shall have effect as respects certain claims for relief involving two or more years of assessment.”
(2)After Schedule 1A to that Act there shall be inserted, as Schedule 1B, the provisions set out in Schedule 17 to this Act (claims for reliefs involving two or more years).
(3)For subsection (9) of section 96 of the Taxes Act 1988 (relief for fluctuating profits of farming etc.) there shall be substituted the following subsection—
“(9)Where a person makes a claim under this section, any claim by him for relief under any other provision of the Income Tax Acts for either of the two years of assessment—
(a)shall not be out of time if made before the end of the period during which the claim under this section is capable of being revoked; and
(b)if already made, may be amended or revoked before the end of that period;
and, in relation to a claim made by being included in a return, any reference in this subsection to amending or revoking the claim is a reference to amending the return by amending or, as the case may be, omitting the claim.”
(4)In section 108 of that Act (election for carry-back)—
(a)for the words “the inspector within two years after” there shall be substituted the words “ an officer of the Board within one year from the 31st January next following ”; and
(b)the words from “and, in any such case” to the end shall cease to have effect.
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F1(11)This section (except subsections (1)(b) and (6) above) and Schedule 17 to this Act have effect as respects claims made (or deemed to be made) in relation to the year 1996-97 or later years of assessment.
(12)Subsection (1)(b) above has effect as respects claims made in relation to the year 1997-98 or later years of assessment.
Textual Amendments
F1S. 128(5)-(10) repealed (11.5.2001 with effect as mentioned in Sch. 33 Pt. 2(6), Note of the amending Act) by 2001 c. 9, s. 110, Sch. 33 Pt. 2(6)