Part 6

Investigation, administration etc

Filing dates

Partnership tax returns
90
1
In section 12AA of TMA 1970, for subsection (4) (partnership return: filing date) substitute—
4
In the case of a partnership which includes one or more individuals, a notice under subsection (2) or (3) above may specify different days depending on whether a return in respect of a year of assessment (Year 1) is electronic or non-electronic.
4A
The day specified for a non-electronic return must not be earlier than 31st October of Year 2.
4B
The day specified for an electronic return must not be earlier than 31st January of Year 2.
4C
But subsections (4A) and (4B) are subject to the following two exceptions.
4D
Exception 1 is that if the notice is given after 31st July in Year 2 (but on or before 31st October)—
a
the day specified for a non-electronic return must be after the end of the period of three months beginning with the date of the notice, and
b
the day specified for an electronic return must not be earlier than 31st January.
4E
Exception 2 is that if the notice is given after 31st October in Year 2, the day specified for a return (whether or not electronic) must be after the end of the period of three months beginning with the date of the notice.
2
For subsection (5) of that section (partnership return where a company is a partner: filing date) substitute—
5
In the case of a partnership which includes one or more companies, a notice may specify different dates depending on whether a notice in respect of a relevant period is electronic or non-electronic.
5A
The day specified for a non-electronic return must not be earlier than the end of the period of nine months beginning at the end of the relevant period.
5B
The day specified for an electronic return must not be earlier than the first anniversary of the end of the relevant period.
5C
But where the notice is given more than nine months after the end of the relevant period, the day specified for a return (whether or not electronic) must be after the end of the period of three months beginning with the date of the notice.
5D
For the purposes of this section “relevant period” means the period in respect of which the return is required.
5E
The Commissioners—
a
shall prescribe what constitutes an electronic return for the purposes of this section, and
b
may make different provision for different cases or circumstances.