In certain circumstances HMRC can recover tax from persons other than the company making the disposal which gave rise to the liability.
| Description | Legislation | Location |
| Recovery from other members of the group and controlling directors. Where corporation tax in respect of a gain is unpaid for six months it can be collected from certain group members or, where the gain arises to a non-UK resident company, from a controlling director. | TCGA 1992, s 190 | D2.345 |
| Recovery from shareholders. Where a person connected with a UK resident company receives a capital distribution derived from a disposal of assets from which a chargeable gain accrues to the company and the company does not pay the corporation tax | TCGA 1992, s 189 | See below |
| Schemes of reconstruction and share for share exchanges. Tax charged under the anti-avoidance provision restricting the application of the relief for company reconstructions or share for share exchanges which is not paid within six months can be recovered from any person holding the shares issued to |
To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to Tolley+™ Research or register for a free trial
Web page updated on 17 Mar 2025 15:13