Regulation 29 Correction of errors in AL returns

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 29(6) words substituted by Amusement Machine Licence Duty, etc 2008 reg. 4(1)(d)
reg. 29(6) sum substituted by Value Added Tax, etc (Correction of Errors, etc) 2008 reg. 7(1)
reg. 29(6) words inserted by Value Added Tax, etc (Correction of Errors, etc) 2008 reg. 7(2)
reg. 29(6) words inserted by Value Added Tax, etc (Correction of Errors, etc) 2008 reg. 8

(1)

This regulation applies by way of an exception to regulation 28 but only in relation to errors.

(2)

Where a registrable person discovers that any return or returns which he has previously made is or are based on an under-calculation, he must correct the error or errors by adding the appropriate amount to the AL due for the accounting period in which the discovery is made under regulation 7(1)(b).

(3)

Where a registrable person discovers that any return or returns which he has previously made is or are based on an over-calculation, he must correct the error or errors by deducting the appropriate amount from the AL due for the accounting period in which the discovery is made under regulation 7(1)(b).

(4)

For the purposes of paragraphs (2) and (3) above—

“under-calculation” refers to the total amount of AL due in accordance with regulation 7(1) in the accounting period or periods to which the previous return or returns related which was not properly taken into consideration for that period or those periods as appropriate (“understated AL”);
“over-calculation” refers to the total amount that was wrongly taken as AL due in accordance with regulation 7(1) in the accounting period or periods to which the previous return or returns related and which was wrongly taken into consideration for that period or those periods as appropriate (“overstated AL”).

(5)

For the purposes of paragraph (4) above—

(a)

in reckoning the total amount constituting the under-calculation, an allowance must be made for any overstated AL;

(b)

in reckoning the total amount constituting the over-calculation, an allowance must be made for any understated AL.

(6)

In any case, the total net amount of any under-calculation or over-calculation corrected under this regulation shall not exceed £2,000.

(7)

A registrable person making a correction under paragraph (2) or (3) above shall make proper allowance for that correction for the purposes of complying with regulation 9(1) (AL account) or 9(3) (AL tax credits account) as appropriate.

(8)

Where an error in a return has to any extent been corrected under this regulation—

(a)

that return shall be regarded as having been corrected to that extent, and

(b)

the registrable person shall to that extent be taken to have provided full information with respect to the inaccuracy in the prescribed form and manner for the purposes of paragraph 9(3) of Schedule 6 to the Act (disclosure about inaccurate AL return).

(9)

A person shall not correct an error in a return (where that error is the result of an under-calculation or over-calculation) except in accordance with this regulation.

(10)

This regulation has effect subject to, as the case requires—

(a)

any requirement of the Commissioners under regulation 28(2), and

(b)

any applicable time limit specified in regulation 28(3).