Error or Mistake Relief

Error or Mistake Relief

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A Client made a loss for 2003/04 which was in error carried forward under ICTA S385, rather than making a claim to set the loss of against total income for that year under S380.

The time limit for amending the 2003/04 Tax Return has now passed (31/01/06) and the only other avenue I can think of, being a claim for Error or Mistake relief under TMA 1970 S33 seems to have been blocked as I understand that this cannot be used 'to claim a particular tax relief within a stipulated time limit ''

Does anyone know whether there are any other avenues that can be used to claim this loss relief, or is the client stuck with carrying the loss forward as it stands?

Stephen Potter

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By AnonymousUser
03rd Mar 2006 14:48

See BIM 75225 onwards ...
... as to the circumstances in which a late claim may be accepted. If you are not able to show that the client is within the circumstances where HMRC have stated that they will accept a late claim,I'd certainly try anyway given that it's not much out of time and if you don't ask you don't get. I wonder what would happen if you claimed it as part of an amendment to the 2005 return? Would they just process it? Tempting isn't it?

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