[F1Cases in which Commissioners not liable to give effect to claimU.K.
Textual Amendments
F1Sch. 1AB inserted (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 2 (with Sch. 52 paras. 10, 11)
2(1)The Commissioners are not liable to give effect to a claim under this Schedule if or to the extent that the claim falls within a case described in this paragraph (see also [F2paragraphs 3A and 4(5)]).U.K.
(2)Case A is where the amount paid, or liable to be paid, is excessive by reason of—
(a)a mistake in a claim, election or notice,
(b)a mistake consisting of making or giving, or failing to make or give, a claim, election or notice,
(c)a mistake in allocating expenditure to a pool for the purposes of the Capital Allowances Act or a mistake consisting of making, or failing to make, such an allocation, or
(d)a mistake in bringing a disposal value into account for the purposes of that Act or a mistake consisting of bringing, or failing to bring, such a value into account.
(3)Case B is where the claimant is or will be able to seek relief by taking other steps under the Income Tax Acts or an enactment relating to the taxation of capital gains.
(4)Case C is where the claimant—
(a)could have sought relief by taking such steps within a period that has now expired, and
(b)knew, or ought reasonably to have known, before the end of that period that such relief was available.
(5)Case D is where the claim is made on grounds that—
(a)have been put to a court or tribunal in the course of an appeal by the claimant relating to the amount paid or liable to be paid, or
(b)have been put to Her Majesty's Revenue and Customs in the course of an appeal by the claimant relating to that amount that is treated as having been determined by a tribunal (by virtue of section 54 (settling of appeals by agreement)).
(6)Case E is where the claimant knew, or ought reasonably to have known, of the grounds for the claim before the latest of the following—
(a)the date on which an appeal by the claimant relating to the amount paid, or liable to be paid, in the course of which the ground could have been put forward (a “relevant appeal”) was determined by a court or tribunal (or is treated as having been so determined),
(b)the date on which the claimant withdrew a relevant appeal to a court or tribunal, and
(c)the end of the period in which the claimant was entitled to make a relevant appeal to a court or tribunal.
(7)Case F is where the amount in question was paid or is liable to be paid—
(a)in consequence of proceedings enforcing the payment of that amount brought against the claimant by Her Majesty's Revenue and Customs, or
(b)in accordance with an agreement between the claimant and Her Majesty's Revenue and Customs settling such proceedings.
(8)Case G is where—
(a)the amount paid, or liable to be paid, is excessive by reason of a mistake in calculating the claimant's liability to income tax or capital gains tax (other than a mistake in a PAYE assessment or PAYE calculation), and
(b)liability was calculated in accordance with the practice generally prevailing at the time.
(9)Case H is where—
(a)the amount paid, or liable to be paid, is excessive by reason of a mistake in a PAYE assessment or PAYE calculation, and
(b)the assessment or calculation was made in accordance with the practice generally prevailing at the end of the period of 12 months following the tax year for which the assessment or calculation was made.
[F3(9A)Cases G and H do not apply where the amount paid, or liable to be paid, is tax which has been charged contrary to EU law.
(9B)For the purposes of sub-paragraph (9A), an amount of tax is charged contrary to EU law if, in the circumstances in question, the charge to tax is contrary to—
(a)the provisions relating to the free movement of goods, persons, services and capital in Titles II and IV of Part 3 of the Treaty on the Functioning of the European Union, or
(b)the provisions of any subsequent treaty replacing the provisions mentioned in paragraph (a).]
(10)For the purposes of Cases G and H—
(a)“PAYE assessment” means an assessment on the claimant made in accordance with section 709 of ITEPA 2003 (assessment in connection with PAYE deductions), and
(b)“PAYE calculation” means a calculation of the amount of a deduction or repayment made or to be made under PAYE regulations in respect of tax estimated to be payable by the claimant.]
Textual Amendments
F2Words in Sch. 1AB para. 2(1) substituted (with effect in accordance with art. 5 of the amending S.I.) by The Enactment of Extra-Statutory Concessions Order 2011 (S.I. 2011/1037), arts. 1, 2(2)
F3Sch. 1AB para. 2(9A)(9B) inserted (with effect in accordance with s. 231(5) of the amending Act) by Finance Act 2013 (c. 29), s. 231(1)