Finance Act 2022

Time limits in relation to assessment under paragraph 9 U.K.

10 (1) A notice under paragraph 9(1) may not be given after the end of the period of 3 years beginning with the latest date provided for by whichever of sub-paragraphs (2), (3) and (4) apply.

(2) Where the liability of the principal taxpayer is determined under paragraph 12(1) (HMRC to determine tax where no return made in time), the date provided for by this sub-paragraph is the date on which the determination was made.

(3) Where a return has been made by the principal taxpayer, including where the return supersedes a determination under paragraph 12(1), the date provided for by this sub-paragraph is the latest of—

(a) the last date on which notice of enquiry (see paragraph 13) may be given in relation to the return,

(b) if a notice of enquiry is given, 30 days after the closure notice is issued,

(c) if an appeal is brought against any conclusion stated or amendment made by the closure notice, 30 days after the appeal is finally determined.

(4) Where a discovery assessment (see paragraph 18) is made in relation to the liability of the principal taxpayer, the date provided for by this sub-paragraph is—

(a) where there is no appeal against the assessment, the date when the tax becomes due and payable, and

(b) where there is such an appeal, the date on which the appeal is finally determined.

(5) A self-assessment may not be made and delivered under paragraph 9 after the later of the end of the period of—

(a) 3 years beginning with the latest date provided for by whichever of sub-paragraphs (2), (3) or (4) applies, and

(b) 3 months beginning with the day on which the notice was given.