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226 | Corporation tax: deferral of payment of exit charge |
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Schedule 47 contains provision for, and in connection with, deferring the |
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payment by a company of certain corporation tax in circumstances where |
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income, profits or gains arise by virtue of section 25, 185 or 187(4) of TCGA |
| 5 |
1992 or section 162, 333, 334, 609, 610, 859 or 862 of CTA 2009. |
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227 | Penalties: late filing, late payment and errors |
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Schedule 48 contains provision for, and in connection with, penalties for late |
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filing, late payment and errors. |
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228 | Overpayment relief: generally prevailing practice exclusion and EU law |
| 10 |
(1) | In Schedule 1AB to TMA 1970 (recovery of overpaid tax etc), in paragraph 2 |
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(cases in which Commissioners not liable to give effect to claim), after sub- |
| |
| |
“(9A) | Cases G and H do not apply where the amount paid, or liable to be |
| |
paid, is tax which has been charged contrary to EU law. |
| 15 |
(9B) | For the purposes of sub-paragraph (9A), an amount of tax is charged |
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contrary to EU law if, in the circumstances in question, the charge to |
| |
| |
(a) | the provisions relating to the free movement of goods, |
| |
persons, services and capital in Titles II and IV of Part 3 of the |
| 20 |
Treaty on the Functioning of the European Union, or |
| |
(b) | the provisions of any subsequent treaty replacing the |
| |
provisions mentioned in paragraph (a).” |
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(2) | In Schedule 2 to OTA 1975 (management and collection of petroleum revenue |
| |
tax), in paragraph 13B (claim for relief for overpaid tax etc: cases in which |
| 25 |
HMRC not liable to give effect to a claim), after sub-paragraph (8) insert— |
| |
“(9) | Case G does not apply where the amount paid, or liable to be paid, is |
| |
tax which has been charged contrary to EU law. |
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(10) | For the purposes of sub-paragraph (9), an amount of tax is charged |
| |
contrary to EU law if, in the circumstances in question, the charge to |
| 30 |
| |
(a) | the provisions relating to the free movement of goods, |
| |
persons, services and capital in Titles II and IV of Part 3 of the |
| |
Treaty on the Functioning of the European Union, or |
| |
(b) | the provisions of any subsequent treaty replacing the |
| 35 |
provisions mentioned in paragraph (a).” |
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(3) | In Part 6 of Schedule 18 to FA 1998 (overpaid tax, excessive assessments or |
| |
repayments etc), in paragraph 51A (cases in which Commissioners not liable to |
| |
give effect to a claim), after sub-paragraph (8) insert— |
| |
“(9) | Case G does not apply where the amount paid, or liable to be paid, is |
| 40 |
tax which has been charged contrary to EU law. |
| |
|
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|
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|
(10) | For the purposes of sub-paragraph (9), an amount of tax is charged |
| |
contrary to EU law if, in the circumstances in question, the charge to |
| |
| |
(a) | the provisions relating to the free movement of goods, |
| |
persons, services and capital in Titles II and IV of Part 3 of the |
| 5 |
Treaty on the Functioning of the European Union, or |
| |
(b) | the provisions of any subsequent treaty replacing the |
| |
provisions mentioned in paragraph (a).” |
| |
(4) | In Part 6 of Schedule 10 to FA 2003 (relief in case of overpaid tax or excessive |
| |
assessment), in paragraph 34A (cases in which Commissioners not liable to |
| 10 |
give effect to a claim), after sub-paragraph (8) insert— |
| |
“(9) | Case G does not apply where the amount paid, or liable to be paid, is |
| |
tax which has been charged contrary to EU law. |
| |
(10) | For the purposes of sub-paragraph (9), an amount of tax is charged |
| |
contrary to EU law if, in the circumstances in question, the charge to |
| 15 |
| |
(a) | the provisions relating to the free movement of goods, |
| |
persons, services and capital in Titles II and IV of Part 3 of the |
| |
Treaty on the Functioning of the European Union, or |
| |
(b) | the provisions of any subsequent treaty replacing the |
| 20 |
provisions mentioned in paragraph (a).” |
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(5) | The amendments made by this section have effect in relation to any claim (in |
| |
respect of overpaid tax, excessive assessment etc) made after the end of the six |
| |
month period beginning with the day on which this Act is passed. |
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229 | Overpayment relief: time limit for claims |
| 25 |
(1) | In Schedule 1AB to TMA 1970 (recovery of overpaid tax etc), in paragraph 3 |
| |
(making a claim), in sub-paragraph (3) after “the relevant tax year is” insert “— |
| |
(a) | where the amount liable to be paid is excessive by reason of |
| |
a mistake in a return or returns under section 8, 8A or 12AA, |
| |
the tax year to which the return (or, if more than one, the first |
| 30 |
| |
| |
(2) | In Schedule 2 to OTA 1975, in paragraph 13C (claim for relief for overpaid tax |
| |
etc: making a claim), in sub-paragraph (3) after “the relevant chargeable period |
| |
| 35 |
(a) | where the amount liable to be paid is excessive by reason of |
| |
a mistake in a return or returns under paragraph 2 or 5, the |
| |
chargeable period to which the return (or, if more than one, |
| |
the first return) relates, and |
| |
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(3) | In Part 6 of Schedule 18 to FA 1998 (overpaid tax, excessive assessments or |
| |
repayments, etc), in paragraph 51B (making a claim), in sub-paragraph (3), |
| |
after “the relevant accounting period is” insert “— |
| |
(a) | where the amount liable to be paid is excessive by reason of |
| |
a mistake in a company tax return or returns, the accounting |
| 45 |
period to which the return (or, if more than one, the first |
| |
| |
|
| |
|
| |
|
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(4) | The amendments made by this section have effect in relation to any claim (in |
| |
respect of overpaid tax, excessive assessment etc) made after the end of the six |
| |
month period beginning with the day on which this Act is passed. |
| |
| 5 |
230 | Self assessment: withdrawal of notice to file etc |
| |
Schedule 49 contains provision for, and in connection with, withdrawing a |
| |
notice under section 8, 8A or 12AA of TMA 1970 and cancelling liability to a |
| |
penalty under Schedule 55 to FA 2009. |
| |
| 10 |
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| |
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“ALDA 1979” means the Alcoholic Liquor Duties Act 1979, |
| |
“BGDA 1981” means the Betting and Gaming Duties Act 1981, |
| 15 |
“CAA 2001” means the Capital Allowances Act 2001, |
| |
“CEMA 1979” means the Customs and Excise Management Act 1979, |
| |
“CRCA 2005” means the Commissioners for Revenue and Customs Act |
| |
| |
“CTA 2009” means the Corporation Tax Act 2009, |
| 20 |
“CTA 2010” means the Corporation Tax Act 2010, |
| |
“F(No.3)A 2010” means the Finance (No. 3) Act 2010, |
| |
“HODA 1979” means the Hydrocarbon Oil Duties Act 1979, |
| |
“ICTA” means the Income and Corporation Taxes Act 1988, |
| |
“IHTA 1984” means the Inheritance Tax Act 1984, |
| 25 |
“ITA 2007” means the Income Tax Act 2007, |
| |
“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003, |
| |
“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act |
| |
| |
“OTA 1975” means the Oil Taxation Act 1975, |
| 30 |
“TCGA 1992” means the Taxation of Chargeable Gains Act 1992, |
| |
“TIOPA 2010” means the Taxation (International and Other Provisions) |
| |
| |
“TMA 1970” means the Taxes Management Act 1970, |
| |
“TPDA 1979” means the Tobacco Products Duty Act 1979, |
| 35 |
“VATA 1994” means the Value Added Tax Act 1994, and |
| |
“VERA 1994” means the Vehicle Excise and Registration Act 1994. |
| |
| |
“FA”, followed by a year, means the Finance Act of that year; |
| |
“F(No.2)A”, followed by a year, means the Finance (No. 2) Act of that |
| 40 |
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|
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