[F1(1)M1Where on a claim in that behalf a person proves—
(a)that he has not received an amount which he was entitled to receive in respect of any rents or receipts on the profits or gains arising from which he would be chargeable under Schedule A; and
(b)if the non-receipt of that amount was attributable to the default of another person by whom it was payable, that the claimant has taken any reasonable steps available to him to enforce payment; or
(c)if the claimant waived payment of that amount, that the waiver was made without consideration, and was reasonably made in order to avoid hardship;
then subject to subsection (2) below, the claimant shall be treated for tax purposes for all relevant chargeable periods as if he had not been entitled to that amount, and such adjustments shall be made, by repayment or otherwise, as the case may require.
(2)If all or any part of that amount is subsequently received, the claimant or, if he is dead, his executors or administrators shall not later than six months thereafter give notice to the inspector, and such readjustment of liability to tax (for all relevant chargeable periods) shall be made as may be necessary, and may be made at any time at which it could be made if it related only to tax for the chargeable period in which the amount, or that part of the amount, is received.
(3)M2Subsection (1) above shall apply in relation to sums chargeable to tax under Case VI of Schedule D by virtue of any provision of sections 34 to 36 as it applies to profits or gains chargeable to tax under Schedule A.]
Textual Amendments
F1S. 41 ceases to have effect except for specified purposes (with effect in accordance with s. 39(4)(5) of the amending Act) by virtue of Finance Act 1995 (c. 4), s. 39(3), Sch. 6 para. 4(g)
Modifications etc. (not altering text)
C1S. 41 excluded (with application and effect in accordance with Sch. 12 paras. 7, 13, 14, 17) by Finance Act 1997 (c. 16), s. 82, Sch. 12 para. 8(1)
C2S. 41 modified (with application and effect in accordance with Sch. 12 paras. 7, 13, 14, 17) by Finance Act 1997 (c. 16), s. 82, Sch. 12 para. 8(2)
S. 41 modified (with application and effect in accordance with Sch. 12 paras. 7, 13, 14, 17) by Finance Act 1997 (c. 16), s. 82, Sch. 12 para. 8(4)
Marginal Citations
M1SOURCE-1970 s. 87(1)
M2SOURCE-1970 s. 87(2)