Corporation Tax Act 2009 Explanatory Notes

Section 867: Provisions supplementing section 866

2215.This section gives interpretative and other supporting rules for the previous section. It is based on paragraph 113 of Schedule 29 to FA 2002.

2216.Subsection (5) rewrites paragraph 113(5) of Schedule 29 to FA 2002 and contains a Change. Subsection (4) deals with the case in which the company submits its tax return before the end of the nine months period mentioned in section 866(2) and all or any of the remuneration is unpaid. The company must assume the remuneration will remain unpaid. If, subsequently, the remuneration is paid within the time limit the calculation can be adjusted and the return amended. This Act drops the requirement under paragraph 113(5) of a claim for that adjustment. This mirrors the rewrite of section 43(5) of FA 1989 as a general calculation rule in section 1289(3). See Change 68 in Annex 1.

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