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 ”.