Paragraph 52 C1

United Kingdom

(1)

The provisions of paragraphs 41 to 48 relating to discovery assessments apply to an amount to which this F1sub-paragraph applies as if it were unpaid tax, unless—

(a)

it is assessable under those provisions apart from this paragraph, or

(b)

it is recoverable under section 826(8A) of the Taxes Act 1988 (interest overpaid which is recoverable in same way as interest charged).

(2)

F2Sub-paragraph (1) applies to an amount paid to a company by way of—

(a)

repayment of tax (or income tax) F3... ,

(b)

repayment supplement under section 825 of the Taxes Act 1988,

F4(bza)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(ba)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(bb)

land remediation tax credit or life assurance company tax credit under F7Part 14 of the Corporation Tax Act 2009, or

F8(bc)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(bd)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(be)

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(bf)

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(bg)

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(bh)

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(bi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

interest paid under section 826 of F10the Taxes Act 1988,

to the extent that it ought not to have been paid.

F11(2A)

The provisions of paragraphs 41 and 45 to 48 relating to discovery assessments apply to an amount paid to a company by way of—

(a)

first-year tax credit under Schedule A1 to the Capital Allowances Act;

(b)

R&D expenditure credit under F12Chapter 1A of Part 13 of the Corporation Tax Act 2009;

(c)

R&D tax credit under Chapter 2 or 7 of Part 13 of that Act, F13or

(d)

creative sector credit,

but only to the extent that the company was not, or is no longer, entitled to the credit.

F14(2B)

In this paragraph, “creative sector credit” means—

(a)

audiovisual expenditure credit or video game expenditure credit under Chapter 3 of Part 14A of the Corporation Tax Act 2009,

(b)

film tax credit under Part 15 of that Act,

(c)

television tax credit under Part 15A of that Act,

(d)

video game credit under Part 15B of that Act,

(e)

theatre tax credit under Part 15C of that Act,

(f)

orchestra tax credit under Part 15D of that Act, or

(g)

museums and galleries exhibition credit under Part 15E of that Act.

(3)

For the purposes of this paragraph—

(a)

an amount is regarded as paid if it is allowed by way of set-off, and

(b)

an amount is regarded as a repayment if it was intended as repayment but exceeds the amount paid by the company.

F15(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

An assessment to recover—

(a)

an amount of tax repaid to a company in respect of an accounting period, or interest on any such repayment,

F16(aa)

an amount of R&D expenditure credit paid to a company for an accounting period,

F17(ab)

an amount of R&D tax credit paid to a company for an accounting period,

F18(ac)

an amount of land remediation tax credit or life assurance company tax credit paid to a company for an accounting period, or

F19(ad)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(ae)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(af)

an amount of first-year tax credit under Schedule A1 to the Capital Allowances Act paid to a company for an accounting period,

F22(ag)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ah)

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(ai)

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(aj)

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(ak)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(al)

an amount of creative sector credit paid to a company for an accounting period, or

(b)

an amount of income tax repaid to a company in respect of a payment received by the company in an accounting period, or interest on any such repayment,

shall be treated as an assessment to tax for F24that accounting period.

(6)

The sum assessed shall carry interest at the prescribed rate for the purposes of section 87A of the M1Taxes Management Act 1970 (interest on overdue corporation tax, etc.) from the date when the payment being recovered was made until payment.

Annotations

Textual amendments

F1: Word in Sch. 18 para. 52(1) substituted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(2)(7)
F2: Words in Sch. 18 para. 52(2) substituted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(3)(a)(7)
F3: Words in Sch. 18 para. 52(2)(a) omitted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by virtue of Finance Act 2016 (c. 24), Sch. 1 para. 58(3)(c)
F4: Sch. 18 para. 52(2)(bza) omitted (in relation to accounting periods beginning on or after 1.4.2023 ) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 1 paras. 11(a), 20
F5: Sch. 18 para. 52(2)(ba) omitted (in relation to accounting periods beginning on or after 1.4.2023) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 1 paras. 11(a), 20
F6: Sch. 18 para. 52(2)(bb) inserted (11.5.2001 with effect as mentioned in s. 70 of the amending Act) by 2001 c. 9, s. 70, Sch. 23 para. 5(a)
F7: Words in Sch. 18 para. 52(2)(bb) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 454(6)(a)(ii) (with Sch. 2 Pts. 1, 2)
F8: Sch. 18 para. 52(2)(bc) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 454(6)(a)(iii), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)
F9: Sch. 18 para. 52(2)(bd)-(bi) omitted (1.4.2024 in relation to accounting periods beginning on or after that date) by virtue of Finance Act 2024 (c. 3), Sch. 6 para. 1(3)(b)(7)
F10: Words in Sch. 18 para. 52(2)(C) substituted (11.5.2001 with effect as mentioned in s. 70 of the amending Act) by 2001 c. 9, s. 70, Sch. 23 para. 5(b)
F11: Sch. 18 para. 52(2A) substituted (in relation to accounting periods beginning on or after that date 1.4.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 1 paras. 11(b), 20
F12: Words in Sch. 18 para. 52(2A)(b) substituted (1.4.2024 with effect in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 1 paras. 10(2), 16; S.I. 2024/286, reg. 2
F13: Sch. 18 para. 52(2A)(d) and word inserted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(4)(7)
F14: Sch. 18 para. 52(2B) inserted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(5)(7)
F15: Sch. 18 para. 52(4) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 454(6)(b), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)
F16: Sch. 18 para. 52(5)(aa) inserted (with effect in accordance with Sch. 15 para. 27 of the amending Act) by Finance Act 2013 (c. 29), Sch. 15 para. 6(3)(a)
F17: Sch. 18 para. 52(5)(ab) inserted (28.7.2000 with effect as mentioned in s. 69(1) of the amending Act) by 2000 c. 17, s. 69(2), Sch. 21 para. 3(b)
F18: Sch. 18 para. 52(5)(ac) inserted (11.5.2001 with effect as mentioned in s. 70 of the amending Act) by 2001 c. 9, s. 70, Sch. 23 para. 5(c)
F19: Sch. 18 para. 52(5)(ad) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 454(6)(c)(i), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)
F20: Sch. 18 para. 52(5)(ae) omitted (1.4.2024 in relation to accounting periods beginning on or after that date) by virtue of Finance Act 2024 (c. 3), Sch. 6 para. 1(6)(a)(7)
F21: Sch. 18 para. 52(5)(af) inserted (with effect in accordance with Sch. 25 para. 9 of the amending Act) by Finance Act 2008 (c. 9), Sch. 25 para. 8(4)
F22: Sch. 18 para. 52(5)(ag)-(ak) omitted (1.4.2024 in relation to accounting periods beginning on or after that date) by virtue of Finance Act 2024 (c. 3), Sch. 6 para. 1(6)(a)(7)
F23: Sch. 18 para. 52(5)(al) inserted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(6)(b)(7)
F24: Words in Sch. 18 para. 52(5) substituted (1.4.2024 in relation to accounting periods beginning on or after that date) by Finance Act 2024 (c. 3), Sch. 6 para. 1(6)(c)(7)

Marginal citations

M1: 1970 c. 9.

Modifications

C1: Sch. 18 para. 52 extended (6.7.2021) by The Corporation Tax (Carry Back of Losses: Temporary Extension) Regulations 2021 (S.I. 2021/704), regs. 1, 14(2)

Notes on Schedule 18

Modifications

C1: Sch. 18 restricted (31.7.1998) by 1988 c. 1, s. 754B(10) (as inserted (31.7.1998 with effect as mentioned in Sch. 17 para. 37 of 1998 c. 36) by 1998 c. 36, s. 113, Sch. 17 para. 11)
C2: Sch. 18 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 68(c); S.I. 2005/1126, art. 2(2)(h)
C3: Sch. 18 applied (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 61
C4: Sch. 18 applied (with modifications) (6.4.2006) by The Registered Pension Schemes (Accounting and Assessment) Regulations 2005 (S.I. 2005/3454), regs. 1, 13
C5: Sch. 18 excluded (17.7.2013) by Finance Act 2013 (c. 29), s. 210(6)(b)
C6: Sch. 18: power to amend conferred (12.2.2019) by Finance Act 2019 (c. 1), s. 87(5)(a)(6)
C7: Sch. 18 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(4) (with Sch. 16 para. 11(5))
C8: Sch. 18 applied (with modifications) (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 303(7)(8) (with s. 303(6))

Notes on Part VI

Textual amendments

F1: Words in Sch. 18 Pt. VI heading inserted (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 14