CH51550 - Assessing Time Limits: »Ê¹ÚÌåÓýapp Time Limits: When the new time limits take effect: Income tax and capital gains tax - transitional provisions
In certain circumstances the change in time limits does not apply until 1 April 2012. »Ê¹ÚÌåÓýapp previous time limits continue to apply.
»Ê¹ÚÌåÓýapp transitional provisions apply to a person
- who has overpaid income tax or capital gains tax, and
- who has not been given a notice to make a self assessment return within a year of the end of the tax year. »Ê¹ÚÌåÓýapp return may be
- a personal return under TMA70/S8, or
- a partnership return under TMA70/S12AA, or
- a trustee return under TMA70/S8A.
If both these conditions are met we can make an assessment to repay the overpaid tax, or the person can
- make a self assessment
- make a claim or election
- require us under ITEPA02/S711 to give them a notice to make a return
within the previous time limits in order to reclaim the overpaid tax.
»Ê¹ÚÌåÓýappse provisions enable everyone who is outside the SA regime further time to reclaim overpaid tax.
»Ê¹ÚÌåÓýapp provisions do not allow us further time to make an assessment to recover unpaid income tax or capital gains tax. »Ê¹ÚÌåÓýapp new time limits apply from 1 April 2010, see CH51540, to assessments where it is found that
- tax on income or chargeable gains ought to have been assessed and has not been assessed,
- any assessment to tax has become insufficient, or
- any relief which has been given has become excessive.
CH51560 sets out in a table the time limits for those in and those not in the SA regime.
»Ê¹ÚÌåÓýappse transitional provisions do not apply to companies.