Oil Taxation Act 1975 section Sch 2 para 13E

Assessment of claimant in connection with claim

Section Sch 2 para 13E allows HMRC to make assessments or determinations on a participator even where normal time limits have expired, provided the grounds arise from the participator's own claim for relief for overpaid petroleum revenue tax.

  • Where a participator makes a claim for relief for overpaid petroleum revenue tax, the same grounds may also justify HMRC making an assessment or determination (or amending one) against that participator for any accounting period.
  • If the only barrier to HMRC making such an assessment, determination or amendment is that a statutory time limit has expired, that time limit is disapplied.
  • The assessment, determination or amendment will be treated as in time provided it is made before the claim is finally determined.
  • A claim is not finally determined until neither the claim itself nor the amount it relates to can be further varied, whether through an appeal or otherwise.

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