The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993

Repayment of excess credit

20.—(1) If the inspector is satisfied, by the production to him of a deduction certificate issued to a sub-contractor under regulation 7 and by such further evidence as he may require, that the total of the sums deducted under section 559 from payments made in any year (or, in the case of a sub-contractor which is a company liable to corporation tax, in any accounting period) to that sub-contractor exceeds the aggregate of the amounts specified in paragraph (2), the sub-contractor shall be entitled to repayment of the excess by the inspector.

(2) The amounts specified in this paragraph are—

(a) the income tax and any Class 4 contributions or, as the case may be, corporation tax payable (whether or not yet due and payable) by that sub-contractor for that year or accounting period on the profits or gains of the trade, profession or vocation of the sub-contractor; and

(b) any income tax and any Class 4 contributions or, as the case may be, corporation tax remaining unpaid for any other year or accounting period on the profits or gains of the trade, profession or vocation of the sub-contractor.

(3) An appeal may be brought against a decision of the inspector under paragraph (1), and the like provisions as are contained in section 42 of the Management Act(1) shall apply to such an appeal as it applies to an appeal against a decision on a claim.

(1)

Section 42 was amended by paragraph 32 of Schedule 29 to the Income and Corporation Taxes Act 1988 and (prospectively) by section 97 of the Finance Act 1990.