CG13730 - Claims and elections: Procedures for making a claim or election
How should a claim be made?听
Most claims and elections that can be made in a return, or by amending a return,听have to听be so made when a notice calling for the return has been given. If a claim or election is made other than in a return (e.g. if one is made before notice calling for a return was given, or after the time allowed to amend the return has passed), the rules in听听and听will apply.
When听is a听claim/ election be made?听
A听claim or election is made when it is received by HMRC 鈥� not when it is signed, or dated, or posted.
What information does a claim/ election need to include?听
Some claims and elections have a specified form or format which must be used. Others听诲辞苍鈥檛听have a specified form or format and can be made in any form the听customer听chooses.听
The relevant听capital gainsmanual pages relating to a specific claim or election will provide further detail about the information听that needs to be provided, but听as a general rule听a claim听or听election must听state听the following:听
The听customer鈥檚听name and their听Unique听Customer听Reference (鈥淯TR鈥�)听
What claim听or听election is being听made听
Sufficient information听so as to听give effect to the claim听or听election e.g.听
What tax year(s)听the claim听or听election relates to听
The asset(s) subject of the claim听or听election听
Quantification of the claim听or听election听
Any values to be used听
If the claim is made as part of the return, the white space notes should be used to provide details of the claim.听
If the claim is sent outside of a tax return,听it must听alsoinclude a declaration to be signed by the claimant or the person claiming on听theirbehalf, which听states听that the particulars given in the claim are correct and complete to the best of听their听knowledge and belief.听Where relevant, we would also expect the claim to be supported by a document which听evidences听that the tax charge to which the claim relates has been paid.听
If you receive听an indication听that a claim听or听election is intended but the claim is not in the proper form, you should contact the听customer听and set out the information which is needed to put the claim听or听election in the proper form.听
See听SACM4000+ for information about what records and information must be kept when making a claim.听
SACM5000+ provides details about whether provisional claims or elections can be made. The relevant section of the CG manual will also听state听if it is possible for a provisional claim,electionor declaration听to be made.听
See听听andSACM11000听(or听CTM90630听for companies)听for information about claims involving two or more years.
Consequential Claims after Assessment and Amendment听
The legislation does allow a听customer听to make various out-of-time actions where we make a discovery assessment or amend a return in an enquiry closure notice, see听SACM9000+听or听CTM90650听for companies.听
听
Amending or correcting claims听
Claims may be amended or 鈥榗orrected鈥� by the person making the claim or by HMRC,see听SACM3040.
Making enquiries into claims or elections听
See听SACM8000.听
听
Withdrawing an irrevocable election听
Some elections are irrevocable.听Withdrawal of such elections can only be allowed by the Board under its collection and management function at听. If you receive a request for a withdrawal of an irrevocable election you should听find out why the customer wishes to withdraw the听election, and听contact the听Capital Gains Technical Team.