What is the standard time limit for making income tax or capital gains tax relief claims under TMA 1970 section 43?

Under section 43 of the Taxes Management Act 1970, claims for income tax or capital gains tax relief must generally be made within 4 years after the end of the year of assessment to which the claim relates. For example, a claim for the 2023/24 tax year must normally be submitted by 5 April 2028. Other provisions may prescribe different periods.

Can the 4-year time limit for tax claims be extended if HMRC raises a late assessment?

Yes. Where a claim only becomes possible because of an assessment raised after the end of the relevant tax year, the taxpayer may submit the claim, including any supplementary claim, at any time before the end of the tax year following the year in which the late assessment was made. This ensures taxpayers are not unfairly prevented from claiming relief.

Does section 43 override time limits set by other tax legislation?

No. The 4-year time limit in section 43 is the default position. Where another provision of the Taxes Acts specifically prescribes a longer or shorter period for a particular type of claim, that specific provision takes priority over the general rule in section 43. Taxpayers should check whether a different deadline applies to their particular claim.

How does the late assessment extension work in practice for tax relief claims?

If HMRC raises an assessment for 2022/23 in November 2027, after the standard 4-year deadline has passed, and this creates a new relief claim, the taxpayer has until the end of the 2027/28 tax year (5 April 2028) to submit the claim. The extension covers both original and supplementary claims triggered by the late assessment.

Taxes Management Act 1970 section 43

Time limit for making claims

Section 43 sets out the time limits within which taxpayers must submit claims for income tax or capital gains tax relief.

Claims for income tax or capital gains tax relief must generally be made within 4 years of the end of the relevant tax year
A different time limit may apply where another provision of the Taxes Acts specifically prescribes a longer or shorter period
Where a claim only becomes possible because of a late assessment, the deadline is extended to the end of the tax year following the year in which that assessment was made
The extended deadline applies to both original and supplementary claims triggered by a late assessment

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