PART 11Administration, enforcement and supplementary powers

Assessment and returns

167Simple assessments

1

Schedule 23 contains provisions about simple assessments by HMRC.

2

Paragraphs 1 to 8 of that Schedule have effect in relation to the 2016-17 tax year and subsequent years.

3

Paragraph 9 of that Schedule comes into force on such day as the Treasury may appoint by regulations made by statutory instrument.

4

Regulations under subsection (3) may—

a

commence paragraph 9 generally or only for specified purposes, and

b

appoint different days for different purposes.

168Time limit for self assessment tax returns

1

TMA 1970 is amended as follows.

2

In section 34 (ordinary time limit of 4 years for assessments), after subsection (2) insert—

3

In this section “assessment” does not include a self-assessment.

3

After that section insert—

34AOrdinary time limit for self-assessments

1

Subject to subsections (2) and (3), a self assessment contained in a return under section 8 or 8A may be made and delivered at any time not more than 4 years after the end of the year of assessment to which it relates.

2

Nothing in subsection (1) prevents—

a

a person who has received a notice under section 8 or 8A within that period of 4 years from delivering a return including a self-assessment within the period of 3 months beginning with the date of the notice,

b

a person in respect of whom a determination under section 28C has been made from making a self-assessment in accordance with that section within the period allowed by subsection (5)(a) or (b) of that section.

3

Subsection (1) has effect subject to the following provisions of this Act and to any other provisions of the Taxes Acts allowing a longer period in any particular class of case.

4

This section has effect in relation to self-assessments for a year of assessment earlier than 2012-13 as if—

a

in subsection (1) for the words from “not more” to the end there were substituted “ on or before 5 April 2017 ”, and

b

in subsection (2)(a) for the words “within that period of 4 years” there were substituted “ on or before 5 April 2017. ”

169HMRC power to withdraw notice to file a tax return

1

Section 8B of TMA 1970 (withdrawal of notice under section 8 or 8A) is amended as follows.

2

In subsection (2) for the words from “the person” to the end substitute “ HMRC may withdraw the notice (whether at the request of the person or otherwise) ”.

3

In subsection (3) for “no request may be made” substitute “ the notice may not be withdrawn ”.

4

In subsection (4) omit “, on receiving a request,”.

5

In subsection (6)(b) for “agree with the person” substitute “ determine ”.

6

In paragraph 17A of Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc), in sub-paragraph (1)(b) for the words from the beginning to “withdraw” substitute “ HMRC decide to give P a notice under section 8B withdrawing ”.

7

The amendments made by this section have effect in relation to any notice under section 8 or 8A of TMA 1970 given in relation to the 2014-15 tax year or any subsequent year (and it is immaterial whether the notice was given before or after the passing of this Act).