SCHEDULES

SCHEDULE 8Digital services tax: returns, enquiries, assessments and appeals

PART 5HMRC determinations

Determination superseded by actual self-assessment

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1

If, after an HMRC determination has been made, a DST return is delivered for the accounting period, the self-assessment included in the return supersedes the determination.

2

Sub-paragraph (1) does not apply to a return delivered—

a

more than 3 years after the day on which the power to make the determination first became exercisable, or

b

more than 12 months after the date of the determination,

whichever is the later.

3

Where—

a

proceedings have been begun for the recovery of any tax charged by an HMRC determination, and

b

before the proceedings are concluded the determination is superseded by a self-assessment,

the proceedings may be continued as if they were proceedings for the recovery of so much of the tax charged by the self-assessment as is due and payable and has not been paid.

4

Where—

a

action is being taken under Part 1 of Schedule 8 to F(No.2)A 2015 (enforcement of deduction from accounts) for the recovery of an amount (“the original amount”) of tax charged by an HMRC determination, and

b

before that action is concluded, the determination is superseded by a self-assessment,

that action may be continued as if it were an action for the recovery of so much of the tax charged by the self-assessment as is due and payable, has not been paid and does not exceed the original amount.