SCHEDULES

C1SCHEDULE 2 Management and Collection of Petroleum Revenue Tax

Annotations:
Modifications etc. (not altering text)
C1

See Oil Taxation Act 1983 (c. 56), Sch. 4 para. 14 for application of Sch. 2 to tax chargeable only by virtue of the provisions of s. 12 and Sch. 4 of that Act

F1Claim for relief for overpaid tax etc

Annotations:
Amendments (Textual)
F1

Sch. 2 paras. 13A-13F and cross-headings inserted (1.4.2011) by Finance (No. 3) Act 2010 (c. 33), s. 28(2), Sch. 12 para. 10

13A

1

This paragraph applies where—

a

a participator has paid an amount by way of tax but believes that the tax was not due, or

b

a participator has been assessed as liable to pay an amount by way of tax but believes that the tax is not due.

2

The participator may make a claim to the Commissioners for Her Majesty's Revenue and Customs (“HMRC”) for repayment or discharge of the amount.

3

Paragraph 13B makes provision about cases in which HMRC are not liable to give effect to a claim under this paragraph.

4

Paragraphs 13C to 14I make further provision about making and giving effect to claims under this paragraph.

5

Paragraph 13F makes provision about the application of this paragraph and paragraphs 13B to 13E to amounts paid under contract settlements.

6

HMRC are not liable to give relief in respect of a case described in sub-paragraph (1)(a) or (b) except as provided—

a

by this Schedule (following a claim under this paragraph), or

b

by or under another provision of the Oil Taxation Acts.

7

For the purposes of this paragraph and paragraphs 13B to 13F, an amount paid by one person on behalf of another is treated as paid by the other person.

8

In this paragraph and paragraphs 13B to 13F, “the Oil Taxation Acts” means—

a

Parts 1 and 3 of this Act,

b

the Oil Taxation Act 1983, and

c

any other enactment relating to petroleum revenue tax.