IR26 9 March 1999 SELF ASSESSMENT FOR COMPANIES: MINOR CHANGES To ensure that self assessment for companies works as intended, minor amendments are being made to the relevant legislation included in last year's Finance Act. DETAILS 1. Self assessment for companies is being introduced for accounting periods ending on or after 1 July 1999. The legislation for self assessment, and for the new system of quarterly instalment payments of corporation tax for large companies which will apply for the same accounting periods, was included in the 1998 Finance Act. 2. Most of the amendments insert or correct cross-references and repeal provisions which have been replaced by the new rules. 3. In addition amendments will - ensure that the existing rules for recovering tax arising from an incorrect group relief claim apply for self assessment; - allow a penalty to be charged when a person fails to provide information required under regulations concerning payment of corporation tax by instalments; - ensure that the correct amount of interest is paid where tax charged on a company controlled by a small number of shareholders in respect of a loan made to one of those shareholders is repaid because the loan has been released or written off. NOTES FOR EDITORS 1. Companies already have to work out their own tax bills under the existing Corporation Tax Pay and file system which came into effect from 1 October 1993. So the move to full self assessment for them will be a relatively small further step. 2. Self assessment for companies does not change the basic rules for paying tax and filing tax returns. But a company's tax return will in future contain a self assessment of its tax liability for the relevant accounting period. Unless the Inland Revenue make enquiries into the tax return, the company's tax position will normally be regarded as finalised 12 months after the filing date for the tax return. 3. The group relief rules enable companies to obtain relief for trading and some other losses by surrendering those losses to other companies in their groups. The rules also cover consortia. 4. Circumstances may arise where a company which should have paid its corporation tax by instalments does not do so, or makes inadequate instalment payments. The Inland Revenue may, after the company has filed its return, or the Inland Revenue have determined its liability, wish to establish the reasons for this by asking the company to produce relevant information or records. If the company does not provide these, the Inland Revenue may use its statutory powers to require their production. The effect of the amendment is that failure to supply such information will lead, under an existing Taxes Management Act provision, to a fixed initial penalty which may be followed by a daily penalty which may continue until the information or records are produced. 5. Where a company controlled by a small number of shareholders makes a loan or advance to one of those shareholders, tax equal to 25 per cent of the loan or advance is charged on the company. This tax is repaid if the loan is repaid, released or written off. INLAND REVENUE PRESS OFFICE Media enquiries to: 0171 438 6692/6706/7327 (Out of hours:0860 359544) Non-media enquiries to: 0171 438 6420/6425 (Office hours only) Inland Revenue information is on the Internet: www.inlandrevenue.gov.uk # = pounds sterling