Taxes Management Act 1970 section 33A

Error or mistake in partnership statement

Section 33A provides a mechanism for partnerships to claim relief where an error or mistake in a partnership statement has resulted in partners being overcharged to tax through their self-assessments.

• A representative partner may claim relief in writing within five years of the filing date where partners' self-assessments are excessive due to an error or mistake in the partnership statement
• HMRC will investigate the claim and, if appropriate, amend the partnership statement and each relevant partner's self-assessment to give reasonable and just relief
• No relief is available where the error relates to the computational basis used, if the partnership statement was prepared in line with the practice generally prevailing at the time
• HMRC must consider all relevant circumstances, including whether granting relief would result in any part of the partners' profits escaping tax, and may look at other chargeable periods