SACM12155 - Overpayment relief: Time limits for making a claim
Claims must be made within 4 years after the end of the relevant tax year or accounting period. »Ê¹ÚÌåÓýapp relevant tax year or accounting period is
- the one to which the return relates where the overpayment relief claim is on the grounds that the tax liability is excessive by reason of a mistake in a return
- the one to which the assessment, determination or direction relates where the overpayment relief claim is on the grounds that there is an excessive assessment, determination or direction
- the one in respect of which the amount was paid where the overpayment relief claim relates to any other overpayment of tax.
When a loss is stated in a company tax return and the return can no longer be amended, the loss becomes final.ÌýThis applies to figures required in corporation tax returns â€� seeÌýCTM04150.ÌýIf the loss is carried forward, the tax liability in the return for a later accounting period may be higher by reason of a mistake in the return in the earlier period.Ìý»Ê¹ÚÌåÓýapp time limit is then 4 years after the end of the earlier accounting period in which the error was made. »Ê¹ÚÌåÓýapp overpayment relief claim will be subject to the outlined exclusions at para 51A FA98 â€� see SACM12057.
Where we close an enquiry and amend a self-assessment or make a discovery assessment, a person may be able to make consequential claims that would otherwise be out of time, seeÌýSACM9005 for income tax and CTM90650 for corporation tax. »Ê¹ÚÌåÓýapp person may be able to make overpayment relief claims but only if and to the extent that this affects the additional amount payable as a result of the amendment or discovery assessment.