Taxes Management Act 1970 section 28F

Corporation tax determinations: supplementary

Section 28F provides supplementary rules that apply when HMRC has made a determination of corporation tax in the absence of a company's self-assessment return.

• A determination made by HMRC under section 28E stands in place of a self-assessment by the company, meaning it is treated as if the company itself had calculated the tax due.
• Once a determination has been made, it can be displaced if the company subsequently delivers the outstanding self-assessment return — at which point the self-assessment replaces the determination.
• However, if the company delivers its return after the time limit for making the determination has expired, HMRC will only process it to the extent that the tax shown in the self-assessment exceeds that in the determination, or the self-assessment otherwise stands.
• A determination is not treated as a self-assessment for the purposes of allowing any claim for relief or repayment of tax — it only operates to establish a liability and enable collection.

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