SCHEDULES

SCHEDULE 18 Company tax returns, assessments and related matters

Part VIOverpaid tax, excessive assessments or repayments, etc

F1 Making a claim

Annotations:
Amendments (Textual)

F1Sch. 18 paras. 51-51G and cross-headings substituted for Sch. 18 para. 51 (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 13

51B

(1)

A claim under paragraph 51 may not be made more than 4 years after the end of the relevant accounting period.

(2)

In relation to a claim made in reliance on paragraph 51(1)(a), the relevant accounting period is—

(a)

where the amount paid, or liable to be paid, is excessive by reason of a mistake in a company tax return or returns, the accounting period to which the return (or, if more than one, the first return) relates, and

(b)

otherwise, the accounting period in respect of which the amount was paid.

(3)

In relation to a claim made in reliance on paragraph 51(1)(b), the relevant accounting period isF2

(a)

where the amount liable to be paid is excessive by reason of a mistake in a company tax return or returns, the accounting period to which the return (or, if more than one, the first return) relates, and

(b)

otherwise, the accounting period to which the assessment, determination or direction relates.

(4)

A claim under paragraph 51 may not be made by being included in a company tax return.

F3(5)

Sub-paragraph (1) is subject to paragraph 51BA.