Section 797 — Corporation Tax Act 2009: Recovery under section 795: procedure etc

Recovery under section 795: procedure etc 797 1 A notice served under section 795(2) may require the payment of the amount required to be paid by the notice within 30 days of the service of the notice.

2 The notice must state—

a the amount of the tax referable to the degrouping charge (within the meaning given in section 796(2)),

b the amount of corporation tax assessed on A for the relevant accounting period that remains unpaid, c the date when it first became payable, and d the amount required to be paid by the person on whom the notice is served.

3 The notice has effect—

a for the purposes of the recovery from that person of the amount required to be paid and of interest on that amount, and b for the purposes of appeals, as if it were a notice of assessment and that amount were an amount of tax due from that person.

4 A person who has paid an amount required to be paid by a notice under section 795(2) may recover the amount paid from A.

5 A payment required to be made by such a notice is not allowed as a deduction in calculating any income, profits or losses for any tax purposes.

6 In this section “ A ” and “ the relevant accounting period ” have the same meaning as in section 795 (see section 795(1) and section 796(1) respectively).