Finance Act 1948

30 Formal assessments under Schedule E to be unnecessary in certain cases.

(1) Subject to the provisions of this section, no assessment under Schedule E need be made on a person in respect of his emoluments for the year 1949-50 or any subsequent year of assessment if the total net tax deducted from his emoluments in the year in question is the same as it would have been if all the relevant circumstances had been known to all parties throughout the year, and deductions and repayments had, throughout the year, been made accordingly, and had been so made by reference to cumulative tax tables.

(2) Nothing in this section shall be construed as preventing an assessment being made on a person in respect of his emoluments, and, without prejudice to the generality of the preceding provisions of this subsection, an assessment shall be made in respect of the emoluments of a person for any year of assessment if—

(a) the person assessable requires an assessment to be made by notice in writing given to the surveyor within five years from the end of the year of assessment; or

(b) the emoluments paid in the year are not the same in amount as the emoluments which would fall to be treated as the emoluments for the year ; or

(c) there is reason to suppose that the emoluments would, if assessed, fall to be taken into account in computing the total income for surtax purposes of a person who is liable to surtax or would be so liable if an assessment were made in respect of the emoluments.

(3) In this section—

(a) the expression " emoluments " means emoluments assessable to income tax under Schedule E ;

(b) the expression " cumulative tax tables " means tax tables prepared under section two of the [6 & 7 Geo. 6. c. 45.] Income Tax (Employments) Act, 1943, which are so framed as to require the tax which is to be deducted or repaid on the occasion of each payment made in the year to be ascertained by reference to a total-of emoluments paid in the year up to the time of the making of that payment;

(c) references to the total net tax deducted shall be construed as references to the total tax deducted during the year by virtue of regulations made under the Income Tax (Employments) Act, 1943, less any tax repaid by virtue of any such regulations.