What are the time limits for claiming a tax refund? How far can HMRC go back and raise an assessment? How many years back can a taxpayer appeal? What are the time limits for correcting a tax return?

This is a freeview 'At a glance' guide to time limits for tax assessments, claims and refunds.

At a glance

What are the time limits for tax claims and assessments?

There are many different time limits. The limit set depends on whether it is a claim or an assessment.

The basic rules are that:

Claims for Income Tax and Capital Gains Tax (CGT)

When a claim is required to be made within a tax return, you are required to make the claim by 31 January following the end of the year of assessment. You are then allowed a further 12 months from the filing deadline to amend the return.

Time limits for specific claims vary though, e.g.

Refunds and Discovery Assessments

 

Normal time limit (a)(years)

Careless behaviour (b)(years)

Deliberate behaviour (c)(years)

Capital Gains Tax

4

6

20

Corporation Tax

4

6

20

Income Tax

4

6

20

PAYE

4

6

20

VAT

4

4

20

 

When can HMRC use the extended time limits?

Extended time limits: offshore offences

Repayment claims: PAYE

The following tables show the deadlines for taxpayers under  PAYE:

Self Assessment taxpayers  

 

Tax year you want to claim tax back

Deadline for claims

SA taxpayers

PAYE & other taxpayers

2007-08

5 April 2012

2008-09 

5 April 2013
2009-10 5 April 2014
2010-11 5 April 2015
2011-12  5 April 2016
2012-13 5 April 2017
2013-14 5 April 2018
2014-15 5 April 2019
2015-16 5 April 2020
2016-17 5 April 2021
2017-18 5 April 2022
2018-19 5 April 2023
2019-20 5 April 2024


PAYE refunds out of time: Extra-statutory Concession B41

HMRC has the discretion to make repayments out of time under ESC B41:

‘...repayments of tax will be made in respect of claims made outside the statutory time limit where an over-payment of tax has arisen because of an error by the Inland Revenue [now HMRC] or another Government Department, and where there is no dispute or doubt as to the facts.’ 

Corporation Tax

Time limits are set according to accounting periods, see HMRC Corporation Tax time limits.

Error or mistake relief

Overpayment Relief and repayment claims are limited to four years. A special relief exists (see below) which can provide relief in cases where the taxpayer is out of time for appeal.

The above time limits do not affect:

The normal time limit for most assessments and determinations is four years from the end of the relevant tax period, there are however many variations from this norm according to HMRC. 

Special relief: out of time appeals against determinations and penalties

A special statutory relief exists in cases where it would be unconscionable for HMRC to seek to recover an amount of tax or refuse repayment (if already paid). This relief only applies where HMRC has made a determination of tax due and provided certain defined circumstances are met, see Special Relief.

Completion of unconditional contracts (CGT and Corporation Tax)

From 1 April 2023:

Useful guides on this topic

Discovery Assesments
When can HMRC issue an assessment outside of the normal statutory time limits? What conditions must be met? What are your rights of appeal and defences?

Overpayment relief
What is Overpayment relief? When can you claim Overpayment relief? What are the conditions for a claim for Overpayment relief? What are the time limits for a claim for Overpayment relief?

Special relief
What is Special Relief? When does it apply?


Squirrel ad


Are you enjoying our content? 

Thousands of accountants and advisers and their clients use www.rossmartin.co.uk as their primary TAX resource.

Register with us now to receive our receive our FREE SME Topical Tax Update & newletter