The Corporation Tax (Financing Costs and Income) Regulations 2009

Amendment of tax return by company

18.—(1) A company required to make default reductions may amend its company tax return so as to reflect a reduction under paragraph 25 of Schedule 15 within 3 years of the end of the relevant period of account.

(2) But where one of the following circumstances applies the company may amend its tax return at any time before the specified date.

Circumstance 1

Where there is an enquiry into the company tax return of the company, the specified date is the last of the following dates—

(a) 30 days after the enquiry is completed;

(b) if after the enquiry HMRC amend the return under paragraph 34(2) of Schedule 18 to the Finance Act 1998, 30 days after notice of the amendment is issued;

(c) if an appeal is brought against such an amendment, 30 days after the date on which the appeal is finally determined.

Circumstance 2

Where a determination under paragraph 36 of Schedule 18 to the Finance Act 1998 is made in relation to the company which is superseded by a self-assessment in accordance with paragraph 40 of that Schedule, the specified date is 30 days after delivery of the company tax return.

Circumstance 3

Where a discovery assessment or discovery determination is made under paragraph 41 of Schedule 18 to the Finance Act 1998 in relation to the company, the specified date is the last of the following dates—

(d) 30 days after the discovery assessment or discovery determination is made,

(e) if an appeal is brought against such the discovery assessment or discovery determination, 30 days after the date on which the appeal is finally determined.

Circumstance 4

Where a determination under regulation 17 is made in relation to the company which is superseded by the provision of information under paragraph (4) of that regulation, the specified date is 30 days after the provision of that information.