# Finance Act 1998, Paragraph 75A

Extent: E+W+S+N.I.

(1) This paragraph applies where, after the surrendering company has given notice of consent to surrender, a claimant company (“the chargeable company”) has become liable to tax in consequence of receiving—
(a) notice of the withdrawal of consent, or a copy of a new notice of consent, under paragraph 75(3), or
(b) a copy of a notice containing directions by an officer of Revenue and Customs under paragraph 75(4).
(2) If any of the tax is unpaid six months after the chargeable company’s time limit for claims, an officer of Revenue and Customs may make an assessment to tax in the name of the chargeable company on any other company that has obtained ... relief as a result of the surrender.
(3) The assessment may not be made more than two years after that time limit.
(4) The amount of the assessment must not exceed—
(a) the amount of the unpaid tax, or
(b) if less, the amount of tax which the other company saves by virtue of the surrender.
(5) A company assessed to an amount of tax under sub-paragraph (2) is entitled to recover from the chargeable company—
(a) a sum equal to that amount, and
(b) any interest on that amount which it has paid under section 87A of the Taxes Management Act 1970 (interest on unpaid corporation tax).
(6) For the purposes of this paragraph the chargeable company’s time limit for claims is the last of the dates mentioned in paragraph 74(1) on which the chargeable company could make or withdraw a claim ... for the accounting period for which the claim in question is made.

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Source: https://www.legislation.gov.uk/ukpga/1998/36/schedule/18/paragraph/75A (the official version)
Page: https://openlegislation.uk/finance-act-1998/schedule-18/paragraph-75A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

