Income and Corporation Taxes Act 1988

179 Recovery of tax from scheme employer.U.K.

M1(1)This section applies where—

(a)payments of profit-related pay are made to an employee in accordance with a registered scheme; and

(b)in consequence of the relief given by this Chapter in respect of registered schemes, less income tax is deducted from the payments in accordance with section 203 than would have been deducted if the scheme had not been registered; and

(c)the registration of the scheme is subsequently cancelled with effect from a time before that relevant for the purposes of the relief.

(2)Where this section applies, an amount equal to the shortfall in the deductions made in accordance with section 203 shall be payable by the scheme employer to the Board; and regulations under that section may include provision as to the collection and recovery of any such amount.

[F1(3)Where—

(a)the scheme employer has died, but

(b)his personal representatives have not been substituted for him as the scheme employer by virtue of section 177A,

the reference in subsection (2) above to the scheme employer shall be construed as a reference to the personal representatives.

(4)Where—

(a)a payment to which this section applies was made by a person other than the scheme employer, and

(b)the scheme employer is not resident in the United Kingdom,

then in relation to that payment the reference in subsection (2) above to the scheme employer shall include a reference to the person by whom the payment was made.]

Textual Amendments

F11989 s.61and Sch.4 para.5.

Marginal Citations

M1Source—1987 (No.2) s.11