SCHEDULES

C1C2C3C4C6C7C8C10 SCHEDULE 18 Company tax returns, assessments and related matters

Annotations:
Modifications etc. (not altering text)
C1

Sch. 18 restricted (31.7.1998) by 1988 c. 1, s. 754B(10) (as inserted (31.7.1998 with effect as mentioned in Sch. 17 para. 37 of 1998 c. 36) by 1998 c. 36, s. 113, Sch. 17 para. 11)

C3

Sch. 18 applied (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 61

C6

Sch. 18 excluded (17.7.2013) by Finance Act 2013 (c. 29), s. 210(6)(b)

C7

Sch. 18: power to amend conferred (12.2.2019) by Finance Act 2019 (c. 1), s. 87(5)(a)(6)

C8

Sch. 18 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(4) (with Sch. 16 para. 11(5))

C10

Sch. 18 applied (with modifications) (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 303(7)(8) (with s. 303(6))

Part VIF2Overpaid tax, excessive assessments or repayments, etc

Annotations:
Amendments (Textual)
F2

Words in Sch. 18 Pt. VI heading inserted (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 14

F1 Assessment of claimant in connection with claim

Annotations:
Amendments (Textual)
F1

Sch. 18 paras. 51-51G and cross-headings substituted for Sch. 18 para. 51 (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 13

C5C951E

1

This paragraph applies where—

a

a claim is made under paragraph 51,

b

the grounds for giving effect to the claim also provide grounds for a discovery assessment or discovery determination on the claimant in respect of any accounting period, and

c

such an assessment or determination could be made but for a relevant restriction.

2

The following are relevant restrictions—

a

the restrictions in paragraphs 42 to 45, and

b

the expiry of a time limit for making a discovery assessment or discovery determination.

3

Where this paragraph applies—

a

the relevant restrictions are to be disregarded, and

b

the discovery assessment or discovery determination is not out of time if it is made before the final determination of the claim.

4

A claim is not finally determined until it, or the amount to which it relates, can no longer be varied (whether on appeal or otherwise).