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Part 15U.K.Deduction of income tax at source

Modifications etc. (not altering text)

C1Pt. 15 modified (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 551(4), 1329(1) (with Pts. 1, 2, Sch. 2 para. 78)

Chapter 15U.K.Collection: deposit-takers, building societies and certain companies

Assessments and errorsU.K.

956Assessments where section 946 payment included in returnU.K.

(1)This section applies if any income tax in respect of a section 946 payment which is included in a return under this Chapter has not been paid at or before the date mentioned in section 951.

(2)An officer of Revenue and Customs may make an assessment on the person who made the payment.

(3)Income tax may be assessed under this section whether or not it has been paid when the assessment is made.

957Assessments in other casesU.K.

(1)This section applies if an officer of Revenue and Customs thinks—

(a)that there is a section 946 payment which should have been included in a return under this Chapter and which has not been so included, or

(b)that a return under this Chapter is otherwise incorrect.

(2)An officer of Revenue and Customs may make an assessment, to the best of the officer's judgement, on the person who made the return, or who should have made one.

958Payer's duty to deliver amended returnU.K.

(1)This section applies if a person who has made a section 946 payment becomes aware that—

(a)anything which should have been included in a return delivered by the person under this Chapter has not been so included,

(b)anything which should not have been included in a return delivered by the person under this Chapter has been so included, or

(c)any other error has occurred in a return delivered by the person under this Chapter.

(2)The person must deliver an amended return correcting the error to an officer of Revenue and Customs without delay.

(3)If the person delivers an amended return such assessments, adjustments, set-offs or payments or repayments of income tax as are necessary for achieving the objective mentioned in subsection (4) must be made.

(4)The objective is that the resulting liabilities to income tax (including interest on unpaid or overpaid income tax) of the person or any other person are the same as they would have been if a correct return had been delivered.

959Application of Income Tax Acts provisions about time limits for assessmentsU.K.

(1)This section deals with the application of the provisions of the Income Tax Acts about time limits for making assessments.

(2)So far as the provisions refer or relate to—

(a)the tax year for which an assessment is made, or

(b)the year to which an assessment relates,

they apply to assessments under this Chapter despite the fact that an assessment under this Chapter may relate to a return period which is not a tax year.

(3)Subsection (4) applies if an assessment under this Chapter relates to income tax due in respect of a payment required to be included in a return for a return period under section 949 (payments in an accounting period).

(4)In that case, for the purposes of the provisions mentioned in subsection (1), the assessment is treated as made for the tax year in which the return period ends.

(5)Subsection (6) applies if an assessment under this Chapter relates to income tax due in respect of a payment required to be included in a return under section 950 (payments otherwise than in an accounting period).

(6)In that case, for the purposes of the provisions mentioned in subsection (1), the assessment is treated as made for the tax year in which payment is made.

960Further provisions about assessmentsU.K.

(1)Income tax assessed on a person under this Chapter is due on the date mentioned in section 951 and an appeal against the assessment does not affect the date when the income tax is due under that section.

(2)On the determination of an appeal against an assessment under this Chapter any income tax overpaid must be repaid.

(3)Any income tax assessable under any one or more of the provisions of this Chapter may be included in a single assessment if all the income tax is due on the same date.