SCHEDULES
C1C2C3C4 SCHEDULE 18 Company tax returns, assessments and related matters
Sch. 18 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 68(c); S.I. 2005/1126, art. 2(2)(h)
Sch. 18 applied (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 61
Sch. 18 applied (with modifications) (6.4.2006) by The Registered Pension Schemes (Accounting and Assessment) Regulations 2005 (S.I. 2005/3454), regs. 1, 13
Part XI Supplementary provisions
Conclusiveness of amounts stated in return
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1
This paragraph applies to an amount stated in a company tax return for an accounting period which is required to be included in the return and which affects or may affect—
a
the tax payable by the company making the return for another accounting period, or
b
the tax liability of another company for any accounting period.
2
If such an amount can no longer be altered it is taken to be conclusively determined for the purposes of the Corporation Tax Acts in relation to that other period or other company.
Sub-paragraphs (3) to (5) explain what is meant by can no longer be altered.
3
An amount is regarded as one that can no longer be altered if—
a
the period specified in paragraph 15(4) (general period for amendment by company) has ended,
b
any enquiry into the return has been completed F4... ,
c
d
if an appeal is brought, the appeal has been finally determined.
4
If the return is amended by the company under a provision that allows an amendment after the end of the period specified in paragraph 15(4), an amount affected by the amendment ceases to be regarded as one that can no longer be altered until after whichever is the last of the following—
a
the end of the period within which notice of enquiry into the return may be given in consequence of the amendment;
b
if such a notice is given, F6the completion of the enquiry;
c
d
if an appeal is brought, the date on which the appeal is finally determined.
5
If the return is amended by F1an officer of Revenue and Customs under paragraph 83(3) (consequential amendment of return where amount available by way of capital allowances is reduced), an amount affected by the amendment ceases to be regarded as one that can no longer be altered until after—
a
the end of the period within which an appeal against that amendment may be brought, or
b
if an appeal is brought, the date on which the appeal is finally determined.
6
For the purposes of this paragraph an amount carried forward from a period for which a return was made under section 11 of the M1Taxes Management Act 1970 is not regarded as one required to be included in a company tax return for a later period.
7
Nothing in this paragraph affects any power to make an assessment other than a self-assessment or the power to make a discovery determination.
F38
Nothing in this paragraph affects a power of the company making the return to make a claim under paragraph 51 (claim for relief for overpaid tax).
Sch. 18 restricted (31.7.1998) by 1988 c. 1, s. 754B(10) (as inserted (31.7.1998 with effect as mentioned in Sch. 17 para. 37 of 1998 c. 36) by 1998 c. 36, s. 113, Sch. 17 para. 11)