The Registered Pension Schemes (Relief at Source) Regulations 2005

Recovery of amounts by assessment &c

14.—(1) Section 30 of TMA 1970 (recovery of overpayment of tax, etc.) shall apply in relation to the payment by Her Majesty’s Revenue and Customs of an amount—

(a) paid under these Regulations to which a scheme administrator was not entitled, or

(b) recoverable from a scheme administrator under regulations 10(5), 11(4) or (6) or 13,

as if it had been income tax repaid to the scheme administrator to which he was not entitled.

(2) An assessment made by virtue of this regulation shall be made by an officer of Revenue and Customs and, subject to the provisions of these Regulations, TMA 1970 shall apply as if the assessment were an assessment to tax for the year of assessment in respect of which the amount was paid or is recoverable.

(3) For the purposes of section 86 TMA 1970 (interest on overdue income tax and capital gains tax) the relevant date shall be the later of—

(a) 1^st January in the year in which the amount was paid or is recoverable; or

(b) the date of the making of the repayment by Her Majesty’s Revenue and Customs following receipt of the annual claim for that year.

(4) Section 95 of TMA 1970 (incorrect return or accounts of income tax or capital gains tax) shall apply to an amount—

(a) paid under these Regulations to a scheme administrator by reason of an incorrect claim made by him and

(b) to which the scheme administrator was not entitled,

as if that amount were tax payable by him.