Self-Assessment Return Made

FA 2008, Sch. 36, para. 21 provides that if a person has made a self-assessment tax return in respect of a chargeable period, a taxpayer notice cannot be issued for checking their income tax or capital gains tax position (or corporation tax position for a company) for that chargeable period unless any of the following apply:-

  • A notice of enquiry has been issued in respect of that return and the enquiry is still open
  • HMRC have reason to suspect that tax has been underpaid and an assessment or determination could still be made – a discovery position
  • The person’s VAT position is being checked
  • The person’s position with regards to deductions or repayments under PAYE or the Construction Industry Scheme is being checked.

 

These restrictions do not apply, however, if there has been a charge of ownership of a company and liability has arisen or might arise under ICTA 1988 S 767A or 767AA (FA 2008, Sch.36, para.37).

Partnerships

If a partnership return has been made, the restrictions in Para. 21 (see above) apply as if the return had been made by each of the partners in respect of the chargeable period. (FA 2008, Sch. 36, para. 36).

An open enquiry into a return of an individual partner does not prevent HMRC from issuing a notice to the partnership for the same chargeable period.

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