SCHEDULES

F1SCHEDULE 1ABRecovery of overpaid tax etc

Annotations:
Amendments (Textual)
F1

Sch. 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)

Making a claim

3

1

A claim under this Schedule may not be made more than 4 years after the end of the relevant tax year.

2

In relation to a claim made in reliance on paragraph 1(1)(a), the relevant tax year is—

a

where the amount paid, or liable to be paid, is excessive by reason of a mistake in a return or returns under section 8, 8A or 12AA of this Act, the tax year to which the return (or, if more than one, the first return) relates, and

b

otherwise, the tax year in respect of which the payment was made.

3

In relation to a claim made in reliance on paragraph 1(1)(b), the relevant tax year isF3

a

where the amount liable to be paid is excessive by reason of a mistake in a return or returns under section 8, 8A or 12AA, the tax year to which the return (or, if more than one, the first return) relates, and

b

otherwise, the tax year to which the assessment, determination or direction relates.

4

A claim under this Schedule may not be made by being included in a return under section 8, 8A or 12AA of this Act.

F25

Sub-paragraph (1) is subject to paragraph 3A.