SCHEDULES

SCHEDULE 18 Company tax returns, assessments and related matters

F1PART 8AClaims for allocation of surplus dual inclusion income

Time limit for allocation claims

77H

(1)

An allocation claim may be made or withdrawn at any time up to whichever is the last of the following dates—

(a)

the first anniversary of the filing date for the company tax return of company B for the accounting period for which the claim is made;

(b)

if notice of enquiry is given into that return, 30 days after the enquiry is completed;

(c)

if after such an enquiry an officer of Revenue and Customs amends the return under paragraph 34(2), 30 days after notice of the amendment is issued;

(d)

if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.

(2)

An allocation claim may be made or withdrawn at a later time if an officer of Revenue and Customs allows it.

(3)

The time limits otherwise applicable to amendment of a company tax return do not apply to an amendment to the extent that it makes or withdraws an allocation claim within the time allowed by or under this paragraph,

(4)

The references in sub-paragraph (1) to an enquiry into a company tax return do not include an enquiry restricted to a previous amendment making or withdrawing a claim.

(5)

An enquiry is so restricted if—

(a)

the scope of the enquiry is limited as mentioned in paragraph 25(2), and

(b)

the amendment giving rise to the enquiry consisted of the making or withdrawing of an allocation claim.