Taxes Management Act 1970 section 59DA

Claim for repayment in advance of liability being established

Section 59DA allows a company to claim a repayment of corporation tax it has already paid where it believes the amount paid exceeds its probable liability, even though that liability has not yet been finally determined.

• A company that has overpaid corporation tax for an accounting period may claim repayment of the excess by notifying HMRC, stating the amount and the grounds for the claim
• The claim cannot be made before the material date, which is the later of the date the tax was paid or the date the corporation tax for that period became due and payable
• Where the company has an outstanding appeal against an assessment or amendment relating to the tax liability, it may apply to the tribunal for a determination of the amount to be repaid while the appeal is being resolved
• If the company has not yet filed its corporation tax return for the period, any construction industry scheme deductions must be ignored when assessing whether an overpayment exists