Finance Act 1999

Section 93.

SCHEDULE 11 Company tax returns, etc: minor and consequential amendments

Income and Corporation Taxes Act 1988 (c. 1)

1 Section 411A of the Taxes Act 1988 (group relief in substitution for loss relief) shall cease to have effect.

2 In section 588(5) of the [1998 c. 36.] Taxes Act 1988 (tax treatment of training courses provided for employees), after “Management Act” insert “, or paragraph 41 of Schedule 18 to the Finance Act 1998,”.

Finance Act 1989 (c. 26)

3 In section 102(6) of the [1970 c. 9.] Finance Act 1989 (surrender of company tax refund within group), for “section 94(6) of the Taxes Management Act 1970” substitute “paragraph 18 of Schedule 18 to the Finance Act 1998”.

Capital Allowances Act 1990 (c. 1)

4 In section 17(3) of the Capital Allowances Act 1990 (carry back of balancing allowances for mining structures etc.), at the end insert “made for the purposes of income tax”.

5 In section 33F(1) of the Capital Allowances Act 1990 (procedure for claims for deferment of balancing charge), for “Schedule A1 to this Act” substitute “Part IX of Schedule 18 to the Finance Act 1998”.

6 In section 59C of the Capital Allowances Act 1990 (supplemental provisions about elections under section 59B), for subsection (7) substitute—

“(7) Nothing in—

(a) section 42 of, or Schedule 1A to, the Taxes Management Act 1970 (claims and elections for income tax purposes), or

(b) paragraphs 54 to 60 of Schedule 18 to the Finance Act 1998 (claims and elections for corporation tax purposes),

shall apply to a section 59B election.”

7 In section 145(3) of the Capital Allowances Act 1990 (claim to give effect to corporation tax allowances against profits of any description), omit “to which section 42 of the Taxes Management Act 1970 applies”.

Finance Act 1994 (c. 9)

8 In section 118 of the Finance Act 1994 (notification requirement for expenditure on machinery or plant), for subsection (7) substitute—

“(7) No relief shall be given under—

(a) section 33, 33A or 42 of the Taxes Management Act 1970, or

(b) paragraph 51 or 56 of Schedule 18 to the Finance Act 1998,

in respect of a claim of error or mistake to the extent that the error or mistake consists of or arises from a failure to fulfil the relevant condition in relation to a chargeable period.”

Finance Act 1998 (c. 36)

9 In paragraph 94 of Schedule 18 to the Finance Act 1998 (company tax returns etc: election to take appeal to Special Commissioners)—

(a) in sub-paragraph (4) for “merits or the appeal” substitute “merits of the appeal”; and

(b) in sub-paragraph (5) for “before the giving” substitute “after the giving”.