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Finance Act 1998

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This is the original version (as it was originally enacted).

61(1)Paragraphs 62 to 64 have effect to allow certain claims, elections, applications and notices to be made or given, or if previously given to be revoked or varied, where—

(a)an amendment of a company tax return is made under paragraph 34(2)(b) (amendments of other returns required in consequence of closure notice) which has the effect of increasing the amount of tax payable by a company,

(b)a discovery assessment is made, or

(c)an assessment is made under paragraph 76 (recovery of excessive group relief).

(2)Paragraphs 62 to 64 do not apply in relation to an assessment made in a case involving fraudulent or negligent conduct on the part of—

(a)the company, or

(b)a person acting on behalf of the company, or

(c)a person who was a partner of the company at the relevant time.

In such a case more limited provision is made by paragraph 65.

(3)In paragraphs 62 to 64 “the relevant accounting period”, in relation to the time limit for making a consequential claim, election, application or notice, means—

(a)in relation to an amendment of a company tax return under paragraph 34(2)(b), the accounting period in which the closure notice was issued;

(b)in relation to an assessment, the accounting period in which the assessment was made.

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