F1PART 9AControlled foreign companies
C1Chapter 9Exemptions for profits from qualifying loan relationships
Pt. 9A Ch. 9 applied (with modifications) by 2009 c. 4, s. 18HE (as substituted (with effect in accordance with Sch. 20 para. 55(2) of the amending Act) by Finance Act 2012 (c. 14), Sch. 20 para. 6)
371IJClaims
1
A claim under this Chapter must be made by being included in company C's company tax return for the relevant corporation tax accounting period (as defined in section 371BC(3)).
2
The claim may be included in the return originally made or by amendment.
3
The claim may be amended or withdrawn by company C only by amending the return.
4
A claim under this Chapter may be made, amended or withdrawn at any time up to whichever is the last of the following dates—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 company C's company tax return for the relevant corporation tax accounting period under paragraph 14 of Schedule 18 to FA 1998;
b
if notice of enquiry is given into that return under paragraph 24 of that Schedule, 30 days after the enquiry is completed F3so far as relating to the matters to which the claim relates;
c
if after such an enquiry an officer of Revenue and Customs amends the return under paragraph 34(2) of that Schedule, 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.
5
A claim under this Chapter may be made, amended or withdrawn at a later time if an officer of Revenue and Customs allows it.
6
In any event, if after a claim under this Chapter is made there is a change of circumstances affecting the tested income amount or F2the aggregate net tax-interest expense that is mentioned in section 371IE, the claim may be amended at any time within the period of 12 months after the change of circumstances for the purpose of taking account of the change of circumstances.
7
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 under this Chapter within the time allowed by or under this section.
8
In subsection (4) references to an enquiry into a company tax return do not include an enquiry restricted to a previous amendment making, amending or withdrawing a claim under this Chapter.
9
An enquiry is so restricted if—
a
the scope of the enquiry is limited as mentioned in paragraph 25(2) of Schedule 18 to FA 1998, and
b
the amendment giving rise to the enquiry consisted of the making, amending or withdrawing of a claim under this Chapter.
Pt. 9A inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 20 para. 1 (with ss. 56-58)