Finance Act 1998

• (a) section 472 of the Corporation Tax Act 2010 (gifts qualifying for gift aid relief: charitable companies),

• (b) section 475 of that Act (gifts qualifying for gift aid relief: eligible bodies), or

• (c) any of the provisions mentioned in sub-paragraph (1B).

• (2) If notice has been given under paragraph 3 requiring a company to deliver a company tax return for the relevant accounting period, a claim or election by the company which can be made by being included in the return (as originally made or by amendment) must be so made.

• (3) If a company has delivered a company tax return for the relevant accounting period, a claim or election made by the company which could be made by amending the return is treated as an amendment of the return.

The provisions of paragraph 15 (amendment of return by company) apply.

• (4) Schedule 1A to the Taxes Management Act 1970 (claims and elections not included in returns) applies to a claim or election made by a company which cannot be included in a company tax return for the relevant accounting period.

This applies in particular to a claim or election made—

• (a) before any notice is given under paragraph 3 requiring a company tax return for the relevant accounting period, or

• (b) at a time when its return for the relevant accounting period cannot be amended.

Claims or elections involving more than one accounting period

58

• (1) This paragraph applies to a claim or election for tax purposes if—

• (a) the event or occasion giving rise to it occurs in one accounting period (the period to which it “relates"), and

• (b) it affects one or more other accounting periods (whether or not it also affects the period to which it relates).

• (2) If a company makes a claim or election which—

• (a) relates to an accounting period for which the company has delivered a company tax return and could be made by amendment of the return, or

• (b) affects an accounting period for which the company has delivered a company tax return and could be given effect by amendment of the return,

the claim or election is treated as an amendment of the return.

The provisions of paragraph 15 (amendment of return by company) apply.

• (3) Schedule 1A to the Taxes Management Act 1970 (claims and elections not included in returns) applies to a claim or election made by a company if or to the extent that it is not—

• (a) made by being included (by amendment or otherwise) in the company tax return for the accounting period to which it relates, and

• (b) given effect by being included (by amendment or otherwise) in company tax returns for the accounting periods affected by it.

Other claims and elections

59

• (1) Schedule 1A to the Taxes Management Act 1970 applies to a claim or election for tax purposes which is not within paragraph 57 or 58, whether or not it is included (by amendment or otherwise) in a company tax return.

• (2) The provisions of this Schedule do not apply where or to the extent that the provisions of Schedule 1A apply.

Provisions supplementary to paragraphs 57 to 59

60

• (1) Paragraphs 57 to 59 have effect subject to any express provision to the contrary.

• (2) Nothing in those paragraphs affects the time limit or any other conditions for making a claim or election.

• (3) Where Schedule 1A to the Taxes Management Act 1970 applies by virtue of any of those paragraphs and the claim or election results in an increase in the amount of tax payable, all such adjustments by way of assessment or otherwise shall be made as are necessary to give effect to it.

Consequential claims, etc. arising out of certain Revenue amendments or assessments

61

• (1) Paragraphs 62 to 64 have effect to allow certain claims, elections, applications and notices to be made or given, or if previously given to be revoked or varied, where—

• (a) an amendment of a company tax return is made under paragraph 34(2A) (amendments of other returns required in consequence of partial or final closure notice) which has the effect of increasing the amount of tax payable by a company,

• (b) a discovery assessment is made, or

• (c) an assessment is made under paragraph 76 (recovery of excessive group relief or group relief for carried-forward losses).

• (2) Paragraphs 62 to 64 do not apply in relation to an assessment made in a case involving a loss of tax brought about carelessly or deliberately by—

• (a) the company, or

• (b) a person acting on behalf of the company, or

• (c) a person who was a partner of the company at the relevant time.

In such a case more limited provision is made by paragraph 65.

• (3) In paragraphs 62 to 64 “the relevant accounting period”, in relation to the time limit for making a consequential claim, election, application or notice, means—

• (a) in relation to an amendment of a company tax return under paragraph 34(2A), the accounting period in which the partial or final closure notice was issued;

• (b) in relation to an assessment, the accounting period in which the assessment was made.

Consequential claims etc that may be made

62

• (1) A claim, election, application or notice to which this paragraph applies—

• (a) may be made or given at any time within one year from the end of the relevant accounting period, or

• (b) if previously made or given may at any such time be revoked or varied—

• (i) in the same manner as it was made or given, and

• (ii) by or with the consent of the same person or persons who made, gave or consented to it (or, if a person has died, by or with the consent of his personal representatives),

unless, by virtue of any enactment, it is irrevocable.

• (1A) This paragraph applies to a claim under paragraph 51 relating to the accounting period in respect of which the amendment or assessment is made.

• (2) This paragraph applies to any other claim, election, application or notice—

• (a) relating to the accounting period in respect of which the amendment or assessment is made, or

• (b) made or given by reference to an event occurring in that period,

whose making, giving, revocation or variation has or could have the effect of reducing a relevant liability of the company.

• (3) The following are relevant liabilities of the company for this purpose—

• (a) the increased liability to tax resulting from the amendment or assessment;

• (b) any other liability to tax of the company—

• (i) for the accounting period to which the amendment or assessment relates, or

• (ii) for any subsequent accounting period ending not later than one year after the end of the relevant accounting period.

• (4) Where a claim, election, application or notice is made, given, revoked or varied by virtue of this paragraph, all such adjustments shall be made, whether by way of discharge or repayment of tax or the making of amendments, assessments or otherwise, as are required to take account of the effect of the taking of that action on any person’s liability to tax for any chargeable period.

• (5) The provisions of the Taxes Management Act 1970 relating to appeals against decisions on claims apply with any necessary modifications to a decision on the revocation or variation of a claim by virtue of this paragraph.

• (6) This paragraph has effect subject to—

• paragraph 63 (consequential claims etc. affecting tax liability of another person), and

• paragraph 64 (consequential claims etc. not to give rise to reduction in liability).

Consequential claims etc. affecting tax liability of another person

63

• (1) If the effect of the exercise by any person of a power conferred by paragraph 62 would be to alter the liability to tax of another person, the power may not be exercised except with the consent in writing of that other person or, if he has died, of his personal representatives.

• (2) Where such a power is exercised so as to increase the liability to tax of another person, neither paragraph 61 above nor section 43A of the Taxes Management Act 1970 (which makes corresponding provision in relation to income tax or capital gains tax) applies in relation to any amendment or assessment made because of that increased liability.

• (3) In this paragraph “tax” includes income tax or capital gains tax.

Consequential claims etc. not to give rise to reduction in liability

64

• (1) If in any case—

• (a) one or more claims, elections, applications or notices are made, given, revoked or varied under paragraph 62 in consequence of an amendment or assessment, and

• (b) the total of the reductions in liability to tax resulting from that action would exceed the additional liability to tax resulting from the amendment or assessment,

the excess is not available to reduce any liability to tax.

• (2) Where sub-paragraph (1) has the effect of limiting either—

• (a) the reduction in a person’s liability to tax for more than one period, or

• (b) the reduction in the liability to tax of more than one person,

the limited amount shall be apportioned between the periods or persons concerned.

• (3) The apportionment shall be made in such manner as an officer of Revenue and Customs may specify by notice in writing to the person or persons concerned, unless notice is given under the following provision.

• (4) If the person concerned gives (or the persons concerned jointly give) notice in writing to an officer of Revenue and Customs within the period of 30 days beginning with—

• (a) the day on which notice under sub-paragraph (3) is given to the person concerned, or

• (b) where more than one person is concerned, the latest date on which such notice is given to any of them,

the apportionment shall be made in such manner as may be specified in the notice given by the person or persons concerned.

• (5) In this paragraph “tax” includes income tax or capital gains tax.

Consequential claims in case of loss of tax brought about carelessly or deliberately

65

• (1) This paragraph applies where an assessment is made on a company in a case involving a loss of tax brought about carelessly or deliberately by—

• (a) the company, or

• (b) a person acting on behalf of the company, or

• (c) a person who was a partner of the company at the relevant time.

• (2) If the company so requires, effect shall be given in determining the amount of the tax charged by the assessment to any relief or allowance to which the company would have been entitled for that accounting period on a claim or application made within the time allowed by the Taxes Acts.

Part VIII — Claims for group relief and group relief for carried-forward losses

Introduction

66

• (1) This Part of this Schedule applies to—

• (a) claims for group relief under Part 5 of the Corporation Tax Act 2010, and

• (b) claims for group relief for carried-forward losses under Part 5A of that Act.

• (2) In this Part of this Schedule (except where otherwise indicated)—

• (a) references to “relief” are to either of those forms of relief, and

• (b) references to “a claim” are to a claim for either of those forms of relief.

Claim to be included in company tax return

67

• (1) A claim ... must be made by being included in the claimant company’s company tax return for the accounting period for which the claim is made.

• (2) It may be included in the return originally made or by amendment.

Content of claims

68

• (1) A claim ... must specify—

• (a) the amount of relief claimed, and

• (b) the name of the surrendering company.

• (2) The amount specified must be an amount which is quantified at the time the claim is made.

• (3) A claim for group relief must also state whether or not there is a company mentioned in sub-paragraph (4) that was not resident in the United Kingdom in either or both of the following periods—

• (a) the accounting period of the surrendering company to which the surrender relates,

• (b) the corresponding accounting period of the claimant company.

• (4) Those companies are the claimant company, the surrendering company and any other company by reference to which—

• (a) the claimant company and the surrendering company are members of the same group, or

• (b) consortium condition 1, 2 or 3 in sections 132 and 133 of the Corporation Tax Act 2010 is satisfied in the case of the claimant company and the surrendering company.

• (5) A claim for group relief for carried-forward losses made under section 188CB of the Corporation Tax Act 2010 must also state whether or not there is a company mentioned in sub-paragraph (6) that was not resident in the United Kingdom in either or both of the following periods—

• (a) the accounting period of the surrendering company to which the claim relates,

• (b) the corresponding accounting period of the claimant company.

• (6) Those companies are the claimant company, the surrendering company and any other company by reference to which—

• (a) the claimant company and the surrendering company are members of the same group,

• (b) consortium condition 1 in section 188CF or consortium condition 2 in section 188CG of the Corporation Tax Act 2010 is satisfied in the case of the claimant company and the surrendering company.

• (7) A claim for group relief for carried forward-losses made under section 188CC of the Corporation Tax Act 2010 must also state whether or not there is a company mentioned in sub-paragraph (8) that was not resident in the United Kingdom in any or all of the following periods—

• (a) the specified loss-making period of the surrendering company,

• (b) the accounting period of the surrendering company to which the surrender relates,

• (c) the accounting period of the claimant company that corresponds with the period mentioned in paragraph (b).

• (8) Those companies are the claimant company, the surrendering company and any other company by reference to which consortium condition 3 in section 188CH or consortium condition 4 in section 188CI is satisfied in the case of the claimant company and the surrendering company.

Claims for more or less than the amount available for surrender

69

• (1) A claim ... may be made for less than the amount available for surrender at the time the claim is made.

• (2) A claim is ineffective if the amount claimed exceeds the amount available for surrender at the time the claim is made.

• (3) For these purposes the amount available for surrender at any time is calculated as follows.

• First step

• Determine the total amount available for surrender under Part 5 or (as the case may be) Part 5A of the Corporation Tax Act 2010—on the basis of the information in the company’s company tax return, anddisregarding any amendments whose effect is deferred under paragraph 31(3).

• Second step

• Then deduct the total of all amounts for which notices of consent have been given by the company and not withdrawn.

• (4) Where one or more claims are withdrawn on the same day as one or more claims are made, the withdrawals are given effect first.

• (5) Where more than one claim is made on the same day, and the claims together take the amount claimed over the limit of what is available for surrender, an officer of Revenue and Customs may determine which of the claims is to be ineffective.

• (6) The power under sub-paragraph (5) shall not be exercised to any greater extent than is necessary to bring the total amount claimed within the amount available for surrender.

Consent to surrender

70

• (1) In accordance with Requirement 1 in section 130(2), 135(2), 188CB(3) or (as the case may be) 188CC(3) of the Corporation Tax Act 2010, a claim requires the consent of the surrendering company.

• (2) A consortium claim also requires the consent of each member of the consortium.

• (3) The necessary consent or consents must be given—

• (a) by notice in writing,

• (b) to the officer of the Board to whom the surrendering company makes its company tax returns,

• (c) at or before the time the claim is made.

Otherwise the claim is ineffective.

• (4) A claim ... is ineffective unless it is accompanied by a copy of the notice of consent to surrender given by the surrendering company.

• (5) A consortium claim is ineffective unless it is also accompanied by a copy of the notice of consent to surrender given by each member of the consortium.

• (6) In this paragraph “consortium claim” means—

• (a) a claim for group relief under Part 5 of the Corporation Tax Act 2010 based on consortium condition 1, 2 or 3 (see Requirement 3 in section 130(2) of that Act),

• (b) a claim for group relief for carried-forward losses under section 188CB of that Act based on consortium condition 1 or 2 (see Requirement 3 in that section), and

• (c) a claim for group relief for carried-forward losses under section 188CC of that Act based on consortium condition 3 or 4 (see Requirement 3 in that section).

Notice of consent

71

• (1) Notice of consent by the surrendering company must contain all the following details—

• (a) the name of the surrendering company;

• (b) the name of the company to which relief is being surrendered;

• (c) the amount of relief being surrendered;

• (d) the accounting period of the surrendering company to which the surrender relates;

• (e) the tax district references of the surrendering company and the company to which relief is being surrendered.

Otherwise the notice is ineffective.

• (1A) Notice of consent given in respect of a claim for carried-forward losses made under section 188CC of the Corporation Tax Act 2010 must also state which accounting period of the surrendering company is the specified loss-making period.

Otherwise the notice is ineffective.

• (2) Notice of consent may not be amended, but it may be withdrawn and replaced by another notice of consent.

• (3) Notice of consent may be withdrawn by notice to the officer of the Board to whom the notice of consent was given.

• (4) Except where the consent is withdrawn under paragraph 75 (withdrawal in consequence of reduction of amount available for surrender), the notice of withdrawal must be accompanied by a notice signifying the consent of the claimant company to the withdrawal.

Otherwise the notice is ineffective.

• (5) The claimant company must, so far as it may do so, amend its company tax return for the accounting period for which the claim was made so as to reflect the withdrawal of consent.

Notice of consent: additional requirements where claim is for group relief for carried-forward losses

71A

• (1) Where notice of consent by the surrendering company is given in respect of a claim for carried-forward losses, the notice must comply with the additional requirements in this paragraph.

Otherwise the notice is ineffective.

• (2) The notice must identify the particular losses and other amounts carried forward to the surrender period that are to be treated as surrendered in satisfaction of the claim.

• (3) The notice must identify a loss or other amount by specifying—

• (a) the provision of the Corporation Tax Act 2009 or the Corporation Tax Act 2010 under which it was carried forward to the surrender period, and

• (b) in a case where the surrendering company is owned by a consortium, the accounting period of the surrendering company to which the loss or other amount is attributable.

• (4) Section 153 of the Corporation Tax Act 2010 (companies owned by consortiums) applies for the purposes of this paragraph.

Notice of consent requiring amendment of return

72

• (1) Where notice of consent by the surrendering company relates to a loss or other amount in respect of which corporation tax relief has been given to the company for any accounting period, the company must at the same time amend its company tax return for that accounting period so as to reflect the notice of consent.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The time limits otherwise applicable to amendment of a company tax return do not prevent an amendment being made under sub-paragraph (1) ... .

• (4) If the surrendering company fails to comply with sub-paragraph (1) ... , the notice of consent is ineffective.

Withdrawal or amendment of claim

73

• (1) A claim ... may be withdrawn by the claimant company only by amending its company tax return.

• (2) A claim ... may not be amended, but must be withdrawn and replaced by another claim.

Time limit for claims

74

• (1) A 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 the claimant company 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) A 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 a 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 ... .

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 a claim ... .

Reduction in amount available for surrender

75

• (1) This paragraph applies if, after the surrendering company has given one or more notices of consent to surrender, the total amount available for surrender is reduced to less than the amount stated in the notice, or the total of the amounts stated in the notices, as being surrendered.

• (2) The company must within 30 days withdraw the notice of consent, or as many of the notices as is necessary to bring the total amount surrendered within the new total amount available for surrender, and may give one or more new notices of consent.

• (3) The company must give notice in writing of the withdrawal of consent, and send a copy of any new notice of consent—

• (a) to each of the companies affected, and

• (b) to an officer of Revenue and Customs.

• (4) If the surrendering company fails to act in accordance with sub-paragraph (2), an officer of Revenue and Customs may by notice to the surrendering company give such directions as he thinks fit as to which notice or notices are to be ineffective or are to have effect in a lesser amount.

This power shall not be exercised to any greater extent than is necessary to secure that the total amount stated in the notice or notices is consistent with the total amount available for surrender.

• (5) An officer of Revenue and Customs must at the same time send a copy of the notice to the claimant company, or each claimant company, affected by his action.

• (6) A claimant company which receives—

• (a) notice of the withdrawal of consent, or a copy of a new notice of consent, under sub-paragraph (3), or

• (b) a copy of a notice containing directions by an officer of Revenue and Customs under sub-paragraph (4),

must, so far as it may do so, amend its company tax return for the accounting period for which the claim is made so that it is consistent with the new position with regard to consent to surrender.

• (7) An appeal may be brought by the surrendering company against any directions given by an officer of Revenue and Customs under sub-paragraph (4).

• (8) Notice of appeal must be given—

• (a) in writing,

• (b) within 30 days after the notice containing the directions was issued,

• (c) to the officer of the Board by whom the notice was given.

Assessment on other claimant companies

75A

• (1) This paragraph applies where, after the surrendering company has given notice of consent to surrender, a claimant company (“the chargeable company”) has become liable to tax in consequence of receiving—

• (a) notice of the withdrawal of consent, or a copy of a new notice of consent, under paragraph 75(3), or

• (b) a copy of a notice containing directions by an officer of Revenue and Customs under paragraph 75(4).

• (2) If any of the tax is unpaid six months after the chargeable company’s time limit for claims, an officer of Revenue and Customs may make an assessment to tax in the name of the chargeable company on any other company that has obtained ... relief as a result of the surrender.

• (3) The assessment may not be made more than two years after that time limit.

• (4) The amount of the assessment must not exceed—

• (a) the amount of the unpaid tax, or

• (b) if less, the amount of tax which the other company saves by virtue of the surrender.

• (5) A company assessed to an amount of tax under sub-paragraph (2) is entitled to recover from the chargeable company—

• (a) a sum equal to that amount, and

• (b) any interest on that amount which it has paid under section 87A of the Taxes Management Act 1970 (interest on unpaid corporation tax).

• (6) For the purposes of this paragraph the chargeable company’s time limit for claims is the last of the dates mentioned in paragraph 74(1) on which the chargeable company could make or withdraw a claim ... for the accounting period for which the claim in question is made.

Assessment to recover excessive ... relief

76

• (1) If an officer of Revenue and Customs discovers that any ... relief which has been given is or has become excessive, he may make an assessment to tax in the amount which in his opinion ought to be charged.

• (2) This power is without prejudice to—

• (a) the power to make a discovery assessment under paragraph 41(1);

• (b) the making of all such adjustments by way of discharge or repayment of tax or otherwise as may be required where a claimant company has obtained too much relief, or a surrendering company has forgone relief in respect of a corresponding amount.

• (3) If an assessment under this paragraph is made because a claimant company fails, or is unable, to amend its company tax return under paragraph 75(6), the assessment is not out of time if it is made within one year from—

• (a) the date on which the surrendering company gives notice of the withdrawal of consent, or (if later) sends a copy of a new notice of consent, to the claimant company under paragraph 75(3), or

• (b) the date on which an officer of Revenue and Customs sends the claimant company a copy of a notice containing his directions under paragraph 75(4).

Joint amended returns

77

• (1) The Treasury may by regulations make provision for arrangements under which—

• (a) a claim ... may be made without being accompanied by a copy of the notice of consent to surrender given by the surrendering company , provided authority for the claim being so made is given by a company which is authorised in relation to the claimant company as mentioned in paragraph (b), and

• (b) one company may be authorised to act on behalf of two or more companies in the same group in amending their company tax returns for the purpose of claiming or surrendering ... relief or revising the amounts of ... relief claimed or surrendered by them.

• (2) Regulations under this paragraph may add to, exclude or modify the operation of any provisions of this Part of this Schedule to such extent as the Treasury think necessary or expedient for the purpose of, or in connection with, such arrangements.

• (3) Provision may in particular be made—

• (a) altering the conditions for making and withdrawing claims ... , and

• (b) giving an officer of Revenue and Customs power to recover from the authorised company or another company in the group any amount which might be recovered from the claimant company by an assessment under paragraph 76.

Claims in respect of overseas losses of non-resident companies

77A

• (1) This paragraph applies if a claim for group relief is made in respect of any loss or other amount as a result of the condition in section 136 of the Corporation Tax Act 2010 being met (claims for group relief based on the EEA group condition).

• (2) In relation to the surrendering company, this Part of this Schedule applies as if—

• (a) references to the relief being surrendered were to the EEA amount and to the relief being claimed, and

• (b) references to its accounting period were to the accounting period that the company is assumed to have under section 125 of the Corporation Tax Act 2010 for the purpose of recalculating the EEA amount at Step 3 in section 113 of that Act.

• (3) Notice of consent of the surrendering company—

• (a) is to be given to the officer of the Board under paragraph 70(3)(b) by the claimant company (and not by the surrendering company), and

• (b) is to be given to the officer to whom the claimant company makes its company tax returns.

• (4) If the surrendering company is not within the charge to income or corporation tax, the requirement under paragraph 71(1)(e) for notice of consent by the surrendering company to contain details of its tax district reference is not to apply.

• (5) If notice of consent is withdrawn under paragraph 71, the notice of the withdrawal is to be given to the officer of the Board by the claimant company (and not by the surrendering company).

• (6) If notice of consent is withdrawn under paragraph 75—

• (a) the notice of withdrawal, and any copy of any new notice of consent, is to be sent to an officer of Revenue and Customs by the claimant company (and not by the surrendering company), and

• (b) any notice containing directions by an officer of Revenue and Customs under sub-paragraph (4) of that paragraph is to be given to the claimant company (and not to the surrendering company).

• (7) The remaining provisions of that paragraph, and the rest of this Part of this Schedule, are, accordingly, to be read with the appropriate modifications (so that, in particular, it is the claimant company (and not the surrendering company) which can bring an appeal under paragraph 75(7)).

• (8) A notice under paragraph 1 of Schedule 36 to the Finance Act 2008 (notice to taxpayer to produce documents etc) given to the claimant company may require the claimant company—

• (a) to explain why the EEA amount meets the conditions mentioned in Step 2 in section 113(2) of the Corporation Tax Act 2010 and is not prevented from being surrendered by section 127 of that Act, and

• (b) to provide details of the recalculation required under Step 3 in section 113(2) of that Act in relation to the EEA amount.

• (9) Except where expressly indicated, requirements imposed under this paragraph are in addition to those imposed apart from this paragraph.

• (10) In this paragraph “the EEA amount” has the same meaning as in Chapter 3 of Part 5 of the Corporation Tax Act 2010.

PART 8A — Claims for allocation of surplus dual inclusion income

Introduction

77B

• (1) This Part of this Schedule applies to allocation claims under Chapter 12A of Part 6A of TIOPA 2010 (hybrid and other mismatches: allocation of dual inclusion income within group).

• (2) Expressions used in this Part of this Schedule and in that Chapter have the same meaning in this Part of this Schedule as they have in that Chapter.

Claims to be included in company tax return

77C

• (1) An allocation claim must be made by being included in the company tax return of the claimant company (“company B”) for the shortfall period.

• (2) It may be included in the return originally made or by amendment.

Consent to allocation claim

77D

• (1) In accordance with Requirement 1 in section 259ZMB of TIOPA 2010, an allocation claim in respect of all or part of the DII surplus of a company (“company A”) requires the company's consent.

• (2) The necessary consent must be given—

• (a) by notice in writing,

• (b) to an officer of Revenue and Customs,

• (c) at or before the time the allocation claim is made.

Otherwise the allocation claim is ineffective.

• (3) An allocation claim by company B is ineffective unless it is accompanied by a copy of the notice of consent to the allocation claim given by company A.

Notice of consent

77E

• (1) Notice of consent to an allocation claim given by company A must contain all the following details—

• (a) the name of company A;

• (b) the name of company B;

• (c) the amount of the DII surplus to be allocated to company B;

• (d) the accounting period of company A which is the surplus period.

• (2) Notice of consent may not be amended, but it may be withdrawn and replaced by another notice of consent.

• (3) Notice of consent may be withdrawn by notice to an officer of Revenue and Customs.

• (4) Except where the consent is withdrawn under paragraph 77I (withdrawal in consequence of reduction of DII surplus), the notice of withdrawal must be accompanied by a notice signifying the consent of company B to the withdrawal.

Otherwise the notice of withdrawal is ineffective.

• (5) Company B must, so far as it may do so, amend its company tax return for the accounting period for which the allocation claim was made so as to reflect the withdrawal of consent.

Notice of consent requiring amendment of return

77F

• (1) Where company A gives notice of consent to an allocation claim in respect of all or part of an accounting period after filing its company tax return for the accounting period, company A must amend its company tax return for the accounting period so as to reflect the notice of consent.

• (2) The time limits otherwise applicable to amendment of a company tax return do not prevent an amendment being made under sub-paragraph (1).

• (3) If company A fails to comply with sub-paragraph (1), the notice of consent is ineffective.

Withdrawal or amendment of allocation claim

77G

• (1) An allocation claim may be withdrawn by company B only by amending its company tax return.

• (2) An allocation claim may not be amended, but must be withdrawn and replaced by another allocation claim.

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.

Reduction in DII surplus

77I

• (1) This paragraph applies if, after company A has given one or more notices of consent to an allocation claim or claims, the unused part of the DII surplus of company A is reduced to less than the amount stated in the notice of consent, or the total of the amounts stated in the notices of consent.

• (2) Company A must within 30 days withdraw the notice of consent, or as many of the notices of consent as is necessary to bring the total amount of the DII surplus to which the claim or claims relate within the new unused part of the DII surplus of company A.

• (3) Company A may give one or more new notices of consent.

• (4) Company A must give notice in writing of the withdrawal of consent, and send a copy of any new notice of consent—

• (a) to each of the companies affected, and

• (b) to an officer of Revenue and Customs.

• (5) If company A fails to act in accordance with sub-paragraph (2), an officer of Revenue and Customs may by notice to company A give such directions as the officer thinks fit as to which notice or notices are to be ineffective or are to have effect in a lesser amount.

• (6) The power in sub-paragraph (5) must not be exercised to any greater extent than is necessary to secure that the total amount stated in the notice or notices is consistent with the unused part of the DII surplus of company A.

• (7) An officer of Revenue and Customs must at the same time send a copy of the notice to each company affected by the exercise of the power.

• (8) A company which receives—

• (a) notice of the withdrawal of consent, or a copy of a new notice of consent, under sub-paragraph (4), or

• (b) a copy of a notice containing directions by an officer of Revenue and Customs under sub-paragraph (7),

must, so far as it may do so, amend its company tax return for the accounting period for which the claim is made so that it is consistent with the new position with regard to consent to an allocation claim.

• (9) An appeal may be brought by company A against any directions given by an officer of Revenue and Customs under sub-paragraph (5).

• (10) Notice of appeal must be given—

• (a) in writing,

• (b) within 30 days after the notice containing the directions was issued, and

• (c) to the officer of Revenue and Customs by whom the notice was given.

Assessments on other companies

77J

• (1) This paragraph applies where, after company A has given notice of consent to an allocation claim, company B has become liable to tax in consequence of receiving—

• (a) notice of the withdrawal of consent, or a copy of a new notice of consent, under paragraph 77I(4), or

• (b) a copy of a notice containing directions by an officer of Revenue and Customs under paragraph 77I(7).

• (2) If any of the tax is unpaid 6 months after company B's time limit for allocation claims, an officer of Revenue and Customs may make an assessment to tax in the name of company B on any other company that has benefited as a result of the consent given by company A.

• (3) The assessment may not be made more than two years after that time limit.

• (4) The amount of the assessment must not exceed—

• (a) the amount of the unpaid tax, or

• (b) if less, the amount of tax which the other company saves by virtue of the consent.

• (5) A company assessed to an amount of tax under sub-paragraph (2) is entitled to recover from company B—

• (a) a sum equal to that amount, and

• (b) any interest on that amount which it has paid under section 87A of the Taxes Management Act 1970 (interest on unpaid corporation tax).

• (6) For the purposes of this paragraph, company B's time limit for allocation claims is the last of the dates mentioned in paragraph 77H(1) on which company B could make or withdraw an allocation claim for the accounting period for which the claim in question is made.

Assessment to recover excessive amount claimed

77K

• (1) If an officer of Revenue and Customs discovers that any amount which is the subject of an allocation claim is or has become excessive, the officer may make an assessment to tax in the amount which in the officer's opinion ought to be charged.

• (2) This power is without prejudice to—

• (a) the power to make a discovery assessment under paragraph 41(1);

• (b) the making of all such adjustments by way of discharge or repayment of tax or otherwise as may be required where an amount claimed by company B on an allocation claim is excessive or company A has given consent to an allocation claim in respect of a corresponding amount.

• (3) If an assessment under this paragraph is made because company B fails, or is unable, to amend its company tax return under paragraph 77I(8), the assessment is not out of time if it is made within one year from—

• (a) the date on which company A gives notice of the withdrawal of consent, or (if later) sends a copy of a new notice of consent, to company B under paragraph 77I(4), or

• (b) the date on which an officer of Revenue and Customs sends company B a copy of a notice containing the officer's direction under paragraph 77I(7).

Joint amended returns

77L

• (1) The Treasury may by regulations make provision for arrangements under which—

• (a) an allocation claim may be made without being accompanied by a copy of the notice of consent to the claim given by company A, provided authority for the claim being so made is given by a company which is authorised in relation to company B as mentioned in paragraph (b), and

• (b) one company may be authorised to act on behalf of two or more companies in the same group in amending their company tax returns for the purpose of making an allocation claim or giving consent to an allocation claim or revising the amount to which an allocation claim or consent relates.

• (2) Regulations under this paragraph may add to, exclude or modify the operation of any provisions of this Part of this Schedule to such extent as the Treasury think necessary or expedient for the purpose of, or in connection with, such arrangements.

• (3) Provision may in particular be made—

• (a) altering the conditions for making and withdrawing allocation claims, and

• (b) giving an officer of revenue and Customs power to recover from the authorised company or another company in the group any amount which might be recovered from company B by an assessment under paragraph 77K.

Part IX — Claims for capital allowances

Introduction

78

This Part of this Schedule applies to claims for allowances under the Capital Allowances Act which—

• (a) are made for corporation tax purposes, and

• (b) are required under section 3 of that Act to be included in a tax return.

Claim to be included in company tax return

79

• (1) A claim for capital allowances must be included in the claimant company’s company tax return for the accounting period for which the claim is made.

• (2) It may be included in the return originally made or by amendment.

Content of claims

80

A claim for capital allowances must specify the amount claimed, which must be an amount which is quantified at the time the claim is made.

Amendment or withdrawal of claim

81

A claim for capital allowances may be amended or withdrawn by the claimant company only by amending its company tax return.

Time limit for claims

82

• (1) A claim for capital allowances may be made, amended 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 the claimant company 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) A claim for capital allowances may be made, amended 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, amends or withdraws a claim for capital allowances 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, amending or withdrawing a claim for capital allowances.

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, amending or withdrawing of a claim for capital allowances.

Consequential amendment of return for another accounting period

83

• (1) This paragraph applies if the effect of a claim for capital allowances is to reduce the amount available by way of capital allowances for another accounting period of the company for which a company tax return has been delivered.

• (2) The company has 30 days within which to make any necessary amendments of the company tax return for that other period.

• (3) If it does not do so, an officer of Revenue and Customs may by notice in writing to the company amend the return to make it consistent with the amount available by way of capital allowances.

• (4) The time limits otherwise applicable to amendment of a company tax return do not prevent an amendment being made under sub-paragraph (2) or (3).

• (5) An appeal may be brought by the company against any such amendment.

• (6) Notice of appeal must be given—

• (a) in writing,

• (b) within 30 days after notice of the amendment was issued,

• (c) to the officer of the Board by whom the notice of amendment was issued.

83ZA

• (1) Subject as follows, this Part of this Schedule applies to claims for a first-year tax credit under Schedule A1 to the Capital Allowances Act as it applies to claims for allowances under that Act.

• (2) A company tax return in which a claim to a first-year tax credit is made must specify—

• (a) the plant or machinery to which the relevant first-year expenditure relates,

• (b) the amount of the relevant first-year expenditure incurred in respect of that plant or machinery, and

• (c) the date on which that expenditure was incurred.

• (3) Where an order under section 45B or 45I of that Act (first-year allowance available only if relevant certificate in force) applies in relation to the plant or machinery, the company tax return must be accompanied by the relevant certificate.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IXA — Claims for R&D expenditure credits or R&D tax relief

Introduction

83A

This Part of this Schedule applies to claims for relief under Part 13 of the Corporation Tax Act 2009 (relief for research and development).

Claim to be included in company tax return

83B

• (1) A claim to which this Part of this Schedule applies must be made by being included in the claimant company’s company tax return for the accounting period for which the claim is made.

• (2) It may be included in the return originally made or by amendment.

Content of claim

83C

A claim to which this Part of this Schedule applies must specify the amount of the credit or relief claimed, which must be an amount quantified at the time the claim is made.

Amendment or withdrawal of claim

83D

A claim to which this Part of this Schedule applies may be amended or withdrawn by the claimant company only by amending its company tax return.

Time limit for claims

83E

• (1) Except where sub-paragraph (3) applies, a claim to which this Part of this Schedule applies may be made, amended or withdrawn at any time up to the last day of the period of—

• (a) two years beginning with the last day of the period of account, in a case where the period of account to which the claim relates is not longer than 18 months, or

• (b) 42 months beginning with the first day of the period of account, in any other case.

• (2) Sub-paragraph (3) applies where—

• (a) a company makes a claim for R&D tax relief under Chapter 2 of Part 13 of the Corporation Tax Act 2009,

• (b) the company is not entitled to the relief, and

• (c) an officer of Revenue and Customs exercises the power under paragraph 34(2)(b) or (2A) to make an amendment by removing the claim from the company tax return in which it is made.

• (3) The company may make, amend or withdraw a claim for R&D expenditure credit under Chapter 1A of Part 13 of the Corporation Tax Act 2009 in respect of eligible expenditure at any time up to whichever is the last of the following dates—

• (a) 30 days after notice of the amendment mentioned in sub-paragraph (2)(c) is issued;

• (b) if an appeal is brought against that amendment, 30 days after the date on which the appeal is finally determined.

• (4) In this paragraph “eligible expenditure” means expenditure—

• (a) to which the claim mentioned in sub-paragraph (2)(a) relates, and

• (b) in respect of which the company is entitled to R&D expenditure credit.

• (5) A claim to which this Part of this Schedule applies may be made, amended or withdrawn after the end of the period mentioned in sub-paragraph (1) or (3) (as the case may be) if an officer of Revenue and Customs allows it.

Additional information to be provided in relation to claim

83EA

• (1) A claim to which this Part of this Schedule applies is invalid unless the claimant company has provided information to an officer of Revenue and Customs in accordance with regulations under sub-paragraph (2) not later than the date on which the claim is made or amended by the company in accordance with paragraph 83E.

• (2) The Commissioners for Revenue and Customs may by regulations specify, in relation to a claim to which this Part of this Schedule applies—

• (a) information to be provided by the claimant company;

• (b) the form and manner in which the information is to be provided.

Removal from return of claims made in error

83EB

• (1) This paragraph applies, in relation to a claim to which this Part of this Schedule applies (the “original claim”), where an officer of Revenue and Customs—

• (a) reasonably believes that a claimant company has failed to comply with a requirement relating to the making of the claim (and accordingly that the claim has been made in error), and

• (b) exercises the power under paragraph 16(1) to make a correction by removing the claim from the company tax return in which it is made.

• (2) Sub-paragraphs (4) and (5) of paragraph 16 do not apply in relation to the correction (and accordingly the claimant company may not reject the correction).

• (3) The claimant company may, within 90 days beginning with the date of the notice issued under paragraph 16(3), send written representations to an officer of Revenue and Customs objecting to the notice on the grounds that a matter stated in the notice was incorrect.

• (4) An officer of Revenue and Customs must consider any representations made under sub-paragraph (3).

• (5) Having considered the representations, the officer must determine whether to—

• (a) confirm the notice, or

• (b) withdraw the notice,

and must notify the claimant company accordingly.

• (6) Nothing in sub-paragraph (2) prevents the claimant company from amending its company tax return to make a new claim to which this Part of this Schedule would apply in respect of the expenditure to which the original claim related (but see sub-paragraph (7)).

• (7) Where, in relation to the original claim—

• (a) a claim notification (within the meaning of section 1142A of the Corporation Tax Act 2009) was required to be made, and

• (b) no claim notification was made,

the company may not make a new claim to which this Part of this Schedule would apply in respect of the expenditure to which the original claim related.

Penalty

83F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 9B — Claims relating to remediation of contaminated or derelict land

Introduction

83G

This Part of this Schedule applies to claims for—

• (a) land remediation tax credits under section 1151 of the Corporation Tax Act 2009 (“land remediation tax credits”), and

• (b) life assurance company tax credits under section 1164 of that Act (“life assurance company tax credits”).

Claim to be included in company tax return

83H

• (1) A claim for a land remediation tax credit or a life assurance company tax credit must be made by being included in the claimant company’s company tax return for the accounting period for which the claim is made.

• (2) It may be included in the return originally made or by amendment.

Content of claim

83I

A claim for a land remediation tax credit or a life assurance company tax credit must specify the amount of the tax credit claimed, which must be an amount quantified at the time the claim is made.

Amendment or withdrawal of claim

83J

A claim for a land remediation tax credit or a life assurance company tax credit may be amended or withdrawn by the claimant company only by amending its company tax return.

Time limit for claims

83K

• (1) A claim for a land remediation tax credit or a life assurance company tax credit may be made, amended or withdrawn at any time up to the first anniversary of the filing date for the company tax return of the claimant company for the accounting period for which the claim is made.

• (2) The claim may be made, amended or withdrawn at a later date if an officer of Revenue and Customs allows it.

Penalty

83L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9BA — Claims for relief under Schedule 12 to the Finance Act 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83LA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83LB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83LC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83LD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83LE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9C — Claims for relief under Schedule 13 to the Finance Act 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9D — Claims under Parts 14A to 15E of the Corporation Tax Act 2009

Introduction

83S

This Part of this Schedule applies to claims for —

• (za) audiovisual expenditure credit or video game expenditure credit,

• (a) film tax relief,

• (b) television tax relief,

• (c) video games tax relief,

• (d) an additional deduction under Part 15C of CTA 2009,

• (e) a theatre tax credit under that Part of that Act,

• (f) orchestra tax relief

• (g) museums and galleries exhibition tax relief.

Claim to be included in company tax return

83T

• (1) A claim to which this Part of this Schedule applies must be made by being included in the claimant company's tax return for the accounting period for which the claim is made.

• (2) It may be included in the return originally made or by amendment.

Content of claim

83U

A claim to which this Part of this Schedule applies must specify the amount of the relief claimed, which must be an amount quantified at the time the claim is made.

Amendment or withdrawal of claim

83V

A claim to which this Part of this Schedule applies may be amended or withdrawn by the claimant company only by amending its company tax return.

Time limits for claim

83W

• (1) A claim to which this part of this Schedule applies may be made, amended or withdrawn at any time up to the end of the period of—

• (a) two years beginning with the last day of the period of account to which the claim relates, in a case where that period is not longer than 18 months, or

• (b) 42 months beginning with the first day of the period of account to which the claim relates, in any other case.

• (2) The claim may be made, amended or withdrawn at a later date if an officer of Revenue and Customs allows it.

Additional information to be provided in relation to claim

83WA

The Commissioners for His Majesty’s Revenue and Customs may by regulations specify, in relation to a claim to which this Part of this Schedule applies—

• (a) information to be provided by the claimant company;

• (b) the form and manner in which, and the time by which, the information is to be provided;

• (c) the consequences of failing to provide the information as required (which may include the total or partial invalidity of the claim or a reduction of the claimed relief).

Penalty

83X

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9E — Designation of losses as unrestricted losses for the purposes of Chapter 3 of Part 7A of the Corporation Tax Act 2010

Introduction

83Y

• (1) This Part of this Schedule applies to the designation of losses within sub-paragraph (2) as unrestricted losses by a banking company under section 269CH of the Corporation Tax Act 2010 (losses covered by carried-forward loss allowance).

• (2) The losses mentioned in sub-paragraph (1) are losses which, in relation to any accounting period, would (in the absence of that section) be relevant carried-forward losses.

• (3) Expressions used in this Part of this Schedule and in Chapter 3 of Part 7A of the Corporation Tax Act 2010 have the same meaning in this Part of this Schedule as they have in that Chapter.

Designation to be made in company tax return

83YA

• (1) A designation to which this Part of this Schedule applies must be made by being included in the company's tax return for the accounting period for which the company makes a deduction in respect of the losses.

• (2) It may be included in the return originally made or by amendment.

Identification of losses

83YB

Where a company designates any relevant carried-forward loss in a company tax return, the return must specify—

• (a) the amount of the loss, and

• (b) whether the loss is—

• (i) a pre-2015 carried-forward trading loss,

• (ii) a pre-2015 carried-forward non-trading deficit, or

• (iii) pre-2015 carried-forward management expenses.

Amendment or withdrawal of designation

83YC

A designation to which this Part of this Schedule applies may be amended or withdrawn by the company only by amending its company tax return.

Part X — Special provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-annual accounting of general insurance business

85

• (1) This paragraph applies where a company carrying on insurance business delivers a company tax return based wholly or partly on accounts drawn up using the method described in paragraph 58 in Section E of Part 2 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008.

That paragraph provides for a technical provision to be made in the accounts which is later replaced by a provision for estimated claims outstanding.

• (2) Where this paragraph applies—

• (a) the company may make any amendments of its return arising from the replacement of the technical provision at any time within twelve months from the date on which the provision was replaced, and

• (b) an officer of Revenue and Customs may give notice of enquiry into the return at any time up to two years from that date.

• (3) Nothing in this paragraph prevents notice of enquiry being given at any later time in accordance with the general rule in paragraph 24(3).

Insurance companies with non-annual actuarial investigations

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friendly societies with non-annual actuarial investigations

87

• (1) This paragraph applies where a company tax return is delivered by a friendly society which is required by section 5.2 of the IPRU (FSOC) to cause an investigation to be made into its financial condition at least once in every period of three years.

• (2) Where this paragraph applies—

• (a) the society may make any amendments of its return arising from the relevant investigation at any time within 15 months from the date as at which that investigation is carried out, and

• (b) an officer of Revenue and Customs may give notice of enquiry into the return at any time up to 27 months from that date.

• (3) “The relevant investigation” means—

• (a) if the return is for a period as at the end of which there is carried out an investigation under section 5.2 of the IPRU (FSOC) into the financial condition of the society, that investigation;

• (b) if the return is not for such a period, the first such investigation to be made into the financial condition of the company as at the end of a subsequent period.

• (4) In this paragraph, “IPRU (FSOC)” means the Interim Prudential Sourcebook for Friendly Societies made by the Prudential Regulation Authority under the Financial Services and Markets Act 2000.

PART 10A — SEs

Company ceasing to be UK resident on formation of SE by merger

87A

• (1) Sub-paragraph (2) applies if at any time a company ceases to be resident in the United Kingdom in the course of the formation of an SE by merger, whether or not the company continues to exist after the formation of the SE.

• (2) The other Parts of this Schedule apply after that time, but in relation to liabilities accruing and matters arising before that time—

• (a) as if the company were still resident in the United Kingdom, and

• (b) if the company has ceased to exist, as if the SE were the company.

SE ceasing to be UK resident

87B

• (1) Sub-paragraph (2) applies if at any time an SE—

• (a) transfers its registered office from the United Kingdom, and

• (b) ceases to be resident in the United Kingdom.

• (2) The other Parts of this Schedule apply after that time, but in relation to liabilities accruing and matters arising before that time, as if the SE were still resident in the United Kingdom.

Meaning of SE

87C

In this Part “SE” means a European public limited-liability company (or Societas Europaea) within the meaning of Council Regulation (EC) No. 2157/2001 on the Statute for a European company.

Part XI — Supplementary provisions

Conclusiveness of amounts stated in return

88

• (1) This paragraph applies to an amount stated in a company tax return for an accounting period which is required to be included in the return and which affects or may affect—

• (a) the tax payable by the company making the return for another accounting period, or

• (b) the tax liability of another company for any accounting period.

• (2) If such an amount can no longer be altered it is taken to be conclusively determined for the purposes of the Corporation Tax Acts in relation to that other period or other company.

Sub-paragraphs (3) to (5) explain what is meant by can no longer be altered.

• (3) An amount is regarded as one that can no longer be altered if—

• (a) the period specified in paragraph 15(4) (general period for amendment by company) has ended,

• (b) any enquiry into the return has been completed ... (or is completed so far as relating to the matters to which the amount relates by the issue of a partial closure notice) ,

• (c) if an officer of Revenue and Customs amends the return under paragraph 34, the period within which an appeal may be brought against that amendment has ended, and

• (d) if an appeal is brought, the appeal has been finally determined.

• (4) If the return is amended by the company under a provision that allows an amendment after the end of the period specified in paragraph 15(4), an amount affected by the amendment ceases to be regarded as one that can no longer be altered until after whichever is the last of the following—

• (a) the end of the period within which notice of enquiry into the return may be given in consequence of the amendment;

• (b) if such a notice is given, the completion of the enquiry (or the completion of the enquiry so far as relating to the matters to which the amount relates by the issue of a partial closure notice) ;

• (c) if an officer of Revenue and Customs amends the return under paragraph 34, the end of the period within which an appeal against that amendment may be brought;

• (d) if an appeal is brought, the date on which the appeal is finally determined.

• (5) If the return is amended by an officer of Revenue and Customs under paragraph 83(3) (consequential amendment of return where amount available by way of capital allowances is reduced), an amount affected by the amendment ceases to be regarded as one that can no longer be altered until after—

• (a) the end of the period within which an appeal against that amendment may be brought, or

• (b) if an appeal is brought, the date on which the appeal is finally determined.

• (6) For the purposes of this paragraph an amount carried forward from a period for which a return was made under section 11 of the Taxes Management Act 1970 is not regarded as one required to be included in a company tax return for a later period.

• (7) Nothing in this paragraph affects any power to make an assessment other than a self-assessment or the power to make a discovery determination.

• (8) Nothing in this paragraph affects a power of the company making the return to make a claim under paragraph 51 (claim for relief for overpaid tax).

• (9) Nothing in this paragraph affects the operation of any provision of Part 10 of TIOPA 2010 (corporate interest restriction).

Security for payments

88A

• (1) The Commissioners for Her Majesty’s Revenue and Customs may by regulations make provision for and in connection with requiring the giving, by prescribed persons and in prescribed circumstances, of security for the payment of tax that a company is or may be liable to pay.

• (2) Regulations under this paragraph must provide that security may be required only where an officer of Revenue and Customs considers it necessary for the protection of the revenue.

• (3) Regulations under this paragraph must provide for a right of appeal against—

• (a) decisions to require security to be given;

• (b) decisions as to the amount, terms or duration of any security required.

• (4) A person commits an offence if—

• (a) the person fails to comply with a requirement to give security that is imposed by regulations under this paragraph, and

• (b) the failure continues for such period as is prescribed.

• (5) A person who commits an offence under sub-paragraph (4) is liable on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (6) In this paragraph—

• “prescribed” means prescribed in regulations under this paragraph;

• “security” includes further security.

Penalty for fraud or negligence

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Multiple tax-related penalties in respect of same accounting period

90

• (1) This paragraph applies where a company incurs more than one penalty whose amount falls to be determined by reference to the tax payable by it for an accounting period.

• (2) Each penalty after the first shall be reduced so that the total amount of the penalties, so far as determined by reference to any particular part of the tax, does not exceed whichever is, or but for this paragraph would be, the greater or greatest of them, so far as so determined.

UK Economic Interest Groupings and European Economic Interest Groupings

91

An act or omission such as is mentioned in section 98B of the Taxes Management Act 1970 (UK Economic Interest Groupings and European Economic Interest Groupings: acts or omissions attracting penalties) on the part of a grouping, or a member of a grouping, is treated as the act or omission of each member of the grouping for the purposes of—

• paragraphs 43 and 46(2) (assessment in case of fraud or negligence), and

• paragraphs 61(2) and 65(1) (consequential claims in case of such an assessment).

Notices of appeal

92

• (1) This paragraph applies in relation to any appeal under this Schedule.

• (2) The notice of appeal shall specify the grounds of appeal.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General jurisdiction of Special or General Commissioners

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election to take appeal to Special Commissioners

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “the Inland Revenue"

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The self-assessment appointed day

96

In this Schedule “the self-assessment appointed day” means the day appointed by the Treasury under section 199 of the Finance Act 1994 for the purposes of Chapter III of Part IV of that Act (corporation tax self-assessment).

Construction of references to assessment

97

Any reference in the Tax Acts (however expressed) to a person being assessed to tax, or being charged to tax by an assessment, include a reference to his being so assessed, or being so charged—

• (a) by a self-assessment under this Schedule, or an amendment of such a self-assessment, or

• (b) by a determination under paragraph 36 or 37 of this Schedule (which, until superseded by a self-assessment, has effect as if it were one).

Meaning of TIOPA 2010

97A

In this Schedule “TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010.

Index of defined expressions

98

In this Schedule the expressions listed below are defined or otherwise explained by the provisions indicated—

SCHEDULE 19

Taxes Management Act 1970 (c.9)

1

The following provisions of the Taxes Management Act 1970 shall cease to have effect—

• section 10 (notice of liability to corporation tax),

• section 11 (return of profits),

• section 11AA (return of profits to include self-assessment),

• section 11AB (power to enquire into return of profits),

• sections 11AC to 11AE (modifications of sections 11AA and 11AB for certain insurance companies and friendly societies).

2

In section 12(2) of the Taxes Management Act 1970 (information about chargeable gains), omit “or section 11".

3