The Income Tax (Paying and Collecting Agents) Regulations 1996

Declaration by eligible person or appropriate person

4.—(1) Subsection (1) of section 118G shall not apply as regards a relevant payment or a relevant receipt, other than a payment or receipt to which subsection (4)(f) of that section applies, unless a declaration in writing relating to the payment or receipt has been made by the eligible person or by an appropriate person to the paying agent or, as the case may be, the collecting agent concerned, confirming that, to the best of the eligible person’s or appropriate person’s knowledge and belief, the requirements of that section with respect to the payment or receipt are satisfied.

(2) Subject to paragraphs (3) to (5), a declaration under paragraph (1) shall be regarded as relating to a relevant payment or a relevant receipt if—

(a) the chargeable date for the payment or receipt falls—

(i) in the month in which the declaration is made to the paying agent or collecting agent, or

(ii) where the declaration is made within the period of 14 days commencing with the first day of a month, in the preceding month; or

(b) the payment is made, or the receipt is received or arises, after the end of the month in which the declaration is made.

(3) A declaration under paragraph (1) shall not be regarded as relating to a relevant payment or a relevant receipt if, prior to receipt of the declaration, the paying agent or collecting agent to whom it is made has furnished a certificate under section 118E(4) with respect to that payment or receipt.

(4) A declaration under paragraph (1) shall not be regarded as relating to more than one relevant payment in respect of foreign holdings that are in bearer form.

(5) A declaration under paragraph (1) shall not be regarded as relating to a relevant payment or relevant receipt if the agent concerned—

(a) receives a notification relating to that payment or receipt in accordance with the undertaking contained in the declaration,

(b) receives a notice from the Board under regulation 10(2) relating to that payment or receipt, or

(c) has reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect as respects that payment or receipt.