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Section 12ABA Amendment of partnership return by taxpayerF1C1

United Kingdom

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

(1)

A partnership return F2(including anything included in the return by virtue of section 12ABZB(7)(b) (amendment of partnership return following referral to tribunal)) may be amended by the partner who made and delivered the return, or his successor, by notice to an officer of the Board.

(2)

An amendment may not be made more than twelve months after the filing date.

(3)

Where a partnership return is amended under this section, the officer shall by notice to each of the partners amend—

(a)

the partner’s return under section 8 or 8A of this Act, or

(b)

the partner’s company tax return,

so as to give effect to the amendment of the partnership return.

(F34)

In this section “the filing date” means—

(a)

in the case of a partnership which includes one or more individuals, in respect of a return for a year of assessment (Year 1)—

(i)

31st January of Year 2, or

(ii)

if the notice under section 12AA is given after 31st October of Year 2, the last day of the period of three months beginning with the date of the notice, and

(b)

in the case of a partnership which includes one or more companies, the end of the period specified in section 12AA(5B) or (5C).

Annotations

Textual amendments

F1

Ss. 12ABA, 12ABB inserted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 3(2)

F2

Words in s. 12ABA(1) inserted (with effect in accordance with Sch. 6 para. 14 of the amending Act) by Finance Act 2018 (c. 3), Sch. 6 para. 10(3)

F3

S. 12ABA(4) substituted (with effect in accordance with s. 92 of the amending Act) by Finance Act 2007 (c. 11), s. 91(4)

Modifications

C1

S. 12ABA applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 44(2)-(4)

Notes on Part II

Modifications

C1

Pt. 2 applied (with modifications) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)

C2

Pt. 2 applied (with modifications) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C3

Pt. 2 modified (14.9.2023) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 41(1) (with reg. 1(3))

C4

Pt. 2 applied (with modifications) (6.4.2024 immediately after the coming into force of 2023 c. 57, Sch. para. 4(1)(2)) by 1992 c. 7, s. 11A (as inserted by The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(2), 10 (with reg. 1(4)))

C5

Pt. 2 applied (with modifications) (6.4.2024 immediately after the coming into force of 2023 c. 57, Sch. para. 4(1)(2)) by 1992 c. 4, s. 11A (as inserted by The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024 (S.I. 2024/377), regs. 1(2), 9 (with reg. 1(4)))

Notes on Partnerships

Textual amendments

F1

S. 12AA and cross-heading inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), s. 184; S.I. 1998/3173, art. 2