SCHEDULES
SCHEDULE 52Recovery of overpaid tax etc
Part 1Income tax and capital gains tax
Consequential amendments
3
TMA 1970 is amended as follows.
4
For the heading before section 32 substitute “Overpaid tax, excessive assessments etc”.
5
1
Section 43A (further assessments etc) is amended as follows.
2
After subsection (2A) insert—
2B
For the purposes of this section and section 43B below, a claim under Schedule 1AB is relevant in relation to an assessment for a year of assessment if it relates to that year of assessment.
3
In subsection (3), for “a claim” substitute “
any other claim
”
.
6
1
In paragraph 1 of Schedule 1A (claims etc not included in returns), in the definition of “partnership claim”, after “46(2)(b) of” insert “
, or paragraph 5 of Schedule 1AB to,
”
.
7
1
Paragraph 4 of that Schedule (giving effect to claims and amendments) is amended as follows.
2
In sub-paragraph (1)—
a
for “and (4)” substitute “
to (5)
”
, and
b
omit “and to any other provision in the Taxes Acts which otherwise provides”.
3
In sub-paragraph (2), for “and (4)” substitute “
to (5)
”
.
4
Insert at the end—
5
This paragraph has effect subject to any provision in the Taxes Acts that—
a
requires or allows effect to be given to a claim by other means, or
b
provides that an amount is not to be discharged or repaid.
8
In Schedule 3ZA (date by which payment to be made after amendment or correction of self-assessment), omit paragraph 10 (amendment following claim for error or mistake relief).
9
1
Section 70H of CAA 2001 (lessee: requirement for tax return treating lease as long funding lease) is amended as follows.
2
In subsection (2), for “for relief under the error or mistake provisions in respect of” substitute “
under the recovery provisions for relief in respect of an amount paid or liable to be paid that is excessive by reason of
”
.
3
In subsection (3)—
a
for “ “the error or mistake provisions”” substitute “
;the recovery provisions
”
, and
b
for “section 33 of” substitute “
Schedule 1AB to
”
.