Interest, repayment supplements etc. payable by CommissionersU.K.
78 Interest in certain cases of official error.U.K.
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78A Assessment for interest overpayments.U.K.
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79 Repayment supplement in respect of certain delayed payments or refunds.U.K.
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80 [Credit for, or repayment of, overstated or overpaid VAT]U.K.
[(1)Where a person—
(a)has accounted to the Commissioners for VAT for a prescribed accounting period (whenever ended), and
(b)in doing so, has brought into account as output tax an amount that was not output tax due,
the Commissioners shall be liable to credit the person with that amount.
(1A)Where the Commissioners—
(a)have assessed a person to VAT for a prescribed accounting period (whenever ended), and
(b)in doing so, have brought into account as output tax an amount that was not output tax due,
they shall be liable to credit the person with that amount.
(1B)Where a person has for a prescribed accounting period (whenever ended) paid to the Commissioners an amount by way of VAT that was not VAT due to them, otherwise than as a result of—
(a)an amount that was not output tax due being brought into account as output tax, or
(b)an amount of input tax allowable under section 26 not being brought into account,
the Commissioners shall be liable to repay to that person the amount so paid.]
(2)The Commissioners shall only be liable to [credit or] repay an amount under this section on a claim being made for the purpose.
[(2A)Where—
(a)as a result of a claim under this section by virtue of subsection (1) or (1A) above an amount falls to be credited to a person, and
(b)after setting any sums against it under or by virtue of this Act, some or all of that amount remains to his credit,
the Commissioners shall be liable to pay (or repay) to him so much of that amount as so remains.]
(3)It shall be a defence, in relation to a claim [under this section by virtue of subsection (1) or (1A) above, that the crediting] of an amount would unjustly enrich the claimant.
[(3A)Subsection (3B) below applies for the purposes of subsection (3) above where—
(a)an amount would (apart from subsection (3) above) fall to be credited under subsection (1) or (1A) above to any person (“the taxpayer”), and
(b)the whole or a part of the amount brought into account as mentioned in paragraph (b) of that subsection has, for practical purposes, been borne by a person other than the taxpayer.]
(3B)Where, in a case to which this subsection applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in his case about the operation of any VAT provisions, that loss or damage shall be disregarded, except to the extent of the quantified amount, in the making of any determination—
(a)of whether or to what extent the [crediting] of an amount to the taxpayer would enrich him; or
(b)of whether or to what extent any enrichment of the taxpayer would be unjust.
(3C)In subsection (3B) above—
“the quantified amount” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate him for loss or damage shown by him to have resulted, for any business carried on by him, from the making of the mistaken assumptions; and
“VAT provisions” means the provisions of—
(a)
any enactment [or subordinate legislation] (whether or not still in force) which relates to VAT or to any matter connected with VAT; or
(b)
any notice published by the Commissioners under or for the purposes of any such enactment or subordinate legislation.
[(4)The Commissioners shall not be liable on a claim under this section—
(a)to credit an amount to a person under subsection (1) or (1A) above, or
(b)to repay an amount to a person under subsection (1B) above,
if the claim is made more than [4 years] after the relevant date.
(4ZA)The relevant date is—
(a)in the case of a claim by virtue of subsection (1) above, the end of the prescribed accounting period mentioned in that subsection, unless paragraph (b) below applies;
(b)in the case of a claim by virtue of subsection (1) above in respect of an erroneous voluntary disclosure, the end of the prescribed accounting period in which the disclosure was made;
(c)in the case of a claim by virtue of subsection (1A) above in respect of an assessment issued on the basis of an erroneous voluntary disclosure, the end of the prescribed accounting period in which the disclosure was made;
(d)in the case of a claim by virtue of subsection (1A) above in any other case, the end of the prescribed accounting period in which the assessment was made;
(e)in the case of a claim by virtue of subsection (1B) above, the date on which the payment was made.
In the case of a person who has ceased to be registered under this Act, any reference in paragraphs (b) to (d) above to a prescribed accounting period includes a reference to a period that would have been a prescribed accounting period had the person continued to be registered under this Act.
(4ZB)For the purposes of this section the cases where there is an erroneous voluntary disclosure are those cases where—
(a)a person discloses to the Commissioners that he has not brought into account for a prescribed accounting period (whenever ended) an amount of output tax due for the period;
(b)the disclosure is made in a later prescribed accounting period (whenever ended); and
(c)some or all of the amount is not output tax due.]
[(4A)Where—
(a)an amount has been credited under subsection (1) or (1A) above to any person at any time on or after 26th May 2005, and
(b)the amount so credited exceeded the amount which the Commissioners were liable at that time to credit to that person,
the Commissioners may, to the best of their judgement, assess the excess credited to that person and notify it to him.]
[(4AA)An assessment under subsection (4A) shall not be made more than 2 years after the later of—
(a)the end of the prescribed accounting period in which the amount was credited to the person, and
(b)the time when evidence of facts sufficient in the opinion of the Commissioners to justify the making of the assessment comes to the knowledge of the Commissioners.]
(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A claim under this section shall be made in such form and manner and shall be supported by such documentary evidence as the Commissioners prescribe by regulations; and regulations under this subsection may make different provision for different cases.
[(7)Except as provided by this section ..., the Commissioners shall not be liable to credit or repay any amount accounted for or paid to them by way of VAT that was not VAT due to them.]
Textual Amendments
Modifications etc. (not altering text)
[80A Arrangements for reimbursing customers.U.K.
(1)The Commissioners may by regulations make provision for reimbursement arrangements made by any person to be disregarded for the purposes of section 80(3) except where the arrangements—
(a)contain such provision as may be required by the regulations; and
(b)are supported by such undertakings to comply with the provisions of the arrangements as may be required by the regulations to be given to the Commissioners.
(2) In this section “ reimbursement arrangements ” means any arrangements for the purposes of a claim under section 80 which—
(a)are made by any person for the purpose of securing that he is not unjustly enriched by the [crediting] of any amount in pursuance of the claim; and
(b)provide for the reimbursement of persons who have for practical purposes borne the whole or any part of [the amount brought into account as mentioned in paragraph (b) of subsection (1) or (1A) of that section] .
(3)Without prejudice to the generality of subsection (1) above, the provision that may be required by regulations under this section to be contained in reimbursement arrangements includes—
(a)provision requiring a reimbursement for which the arrangements provide to be made within such period after the [crediting of the amount] to which it relates as may be specified in the regulations;
[(b)provision for cases where an amount is credited but an equal amount is not reimbursed in accordance with the arrangements;]
(c)provision requiring interest paid by the Commissioners on any amount [paid (or repaid)] by them to be treated in the same way as that amount for the purposes of any requirement under the arrangements to make reimbursement or to repay the Commissioners;
(d)provision requiring such records relating to the carrying out of the arrangements as may be described in the regulations to be kept and produced to the Commissioners, or to an officer of theirs.
(4)Regulations under this section may impose obligations on such persons as may be specified in the regulations—
(a)[to make the repayments, or give the notifications, to the Commissioners that they are required to make or give] in pursuance of any provisions contained in any reimbursement arrangements by virtue of subsection (3)(b) or (c) above;
(b)to comply with any requirements contained in any such arrangements by virtue of subsection (3)(d) above.
(5)Regulations under this section may make provision for the form and manner in which, and the times at which, undertakings are to be given to the Commissioners in accordance with the regulations; and any such provision may allow for those matters to be determined by the Commissioners in accordance with the regulations.
(6)Regulations under this section may—
(a)contain any such incidental, supplementary, consequential or transitional provision as appears to the Commissioners to be necessary or expedient; and
(b)make different provision for different circumstances.
(7)Regulations under this section may have effect (irrespective of when the claim for [credit] was made) for the purposes of [the crediting of any amount] by the Commissioners after the time when the regulations are made; and, accordingly, such regulations may apply to arrangements made before that time.]
[80B Assessments of amounts due under section 80A arrangements.U.K.
(1)Where any person is liable to pay any amount to the Commissioners in pursuance of an obligation imposed by virtue of section 80A(4)(a), the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him.
[(1A)Where—
(a)an amount (“the gross credit”) has been credited to any person under subsection (1) or (1A) of section 80,
(b)any sums were set against that amount, in accordance with subsection (2A) of that section, and
(c)the amount reimbursed in accordance with the reimbursement arrangements was less than the gross credit,
subsection (1B) below applies.
(1B)In any such case—
(a)the person shall cease to be entitled to so much of the gross credit as exceeds the amount so reimbursed, and
(b)the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him,
but an amount shall not be assessed under this subsection to the extent that the person is liable to pay it to the Commissioners as mentioned in subsection (1) above.
(1C)In determining the amount that a person is liable to pay as mentioned in subsection (1) above, any amount reimbursed in accordance with the reimbursement arrangements shall be regarded as first reducing so far as possible the amount that he would have been liable so to pay, but for the reimbursement of that amount.
(1D)For the purposes of this section, nil is an amount.
(1E)Any reference in any other provision of this Act to an assessment under subsection (1) above includes, if the context so admits, a reference to an assessment under subsection (1B) above.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(3)An assessment made under subsection (1) above may not be made more than two years after the time when evidence of facts sufficient in the opinion of the Commissioners to justify the making of the assessment comes to the knowledge of the Commissioners.]]
[80CAssessed amounts of overpayments etc deemed to be amounts of VATU.K.
(1)Where an amount has been assessed and notified to a person under section 80(4A) or 80B(1), that amount is deemed (subject to the provisions of this Act as to appeals) to be an amount of VAT due from that person and may be recovered accordingly.
(2)Subsection (1) does not have effect if or to the extent that the assessment in question has been withdrawn or reduced.
(3)An assessment under section 80(4A) or 80B(1) is a recovery assessment for the purposes of section 84(3A).
(4)Section 77(6) applies in relation to an assessment under section 80(4A) or 80B(1) as it applies in relation to an assessment under section 73 or 76.
(5)For the purposes of an assessment under section 80(4A) or 80B(1), notification to a person mentioned in subsection (6) (a “relevant person”) is treated as notification to the person in relation to whom the relevant person acts.
(6)The persons mentioned in this subsection are—
(a)a personal representative;
(b)a trustee in bankruptcy;
(c)a trustee in sequestration;
(d)a receiver;
(e)a liquidator;
(f)a person otherwise acting in a representative capacity in relation to another.]
81 Interest given by way of credit and set-off of credits.U.K.
(1)Any interest payable by the Commissioners (whether under an enactment or instrument or otherwise) to a person on a sum due to him under or by virtue of any provision of this Act shall be treated as an amount due by way of credit under section 25(3).
(2)Subsection (1) above shall be disregarded for the purpose of determining a person’s entitlement to interest or the amount of interest to which he is entitled.
(3)Subject to subsection (1) above, in any case where—
(a)an amount is due from the Commissioners to any person under any provision of this Act, and
(b)that person is liable to pay a sum by way of VAT, [penalty, interest or surcharge] [penalty or interest],
the amount referred to in paragraph (a) above shall be set against the sum referred to in paragraph (b) above and, accordingly, to the extent of the set-off, the obligations of the Commissioners and the person concerned shall be discharged.
[(3A)Where—
(a)the Commissioners are liable to pay or repay any amount to any person under this Act,
(b)that amount falls to be paid or repaid in consequence of a mistake previously made about whether or to what extent amounts were payable under this Act to or by that person, and
(c) by reason of that mistake a liability of that person to pay a sum by way of VAT , [penalty, interest or surcharge] [penalty or interest] was not assessed, was not enforced or was not satisfied,
any limitation on the time within which the Commissioners are entitled to take steps for recovering that sum shall be disregarded in determining whether that sum is required by subsection (3) above to be set against the amount mentioned in paragraph (a) above.]
[(4A)Subsection (3) above shall not require any such amount as is mentioned in paragraph (a) of that subsection (“the credit”) to be set against any such sum as is mentioned in paragraph (b) of that subsection (“the debit”) in any case where—
(a)an insolvency procedure has been applied to the person entitled to the credit;
(b)the credit became due after that procedure was so applied; and
(c)the liability to pay the debit either arose before that procedure was so applied or (having arisen afterwards) relates to, or to matters occurring in the course of, the carrying on of any business at times before the procedure was so applied.
(4B)Subject to subsection (4C) below, the following are the times when an insolvency procedure is to be taken, for the purposes of this section, to be applied to any person, that is to say—
[(a)when a bankruptcy order or winding-up order or award of sequestration is made or an administrator is appointed in relation to that person;]
(b)when that person is put into administrative receivership;
(c)when that person, being a corporation, passes a resolution for voluntary winding up;
(d) when any voluntary arrangement approved in accordance with Part I or VIII of the Insolvency Act 1986, or Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989, comes into force in relation to that person;
(e) when a deed of arrangement registered in accordance with ... Chapter I of Part VIII of that Order of 1989 takes effect in relation to that person;
(f)when that person’s estate becomes vested in any other person as that person’s trustee under a trust deed.
[(4C)In this section, references to the application of an insolvency procedure to a person do not include—
(a)the application of an insolvency procedure to a person at a time when another insolvency procedure applies to the person, or
(b)the application of an insolvency procedure to a person immediately upon another insolvency procedure ceasing to have effect.]
(4D)For the purposes of this section a person shall be regarded as being in administrative receivership throughout any continuous period for which (disregarding any temporary vacancy in the office of receiver) there is an administrative receiver of that person, and the reference in subsection (4B) above to a person being put into administrative receivership shall be construed accordingly.]
(5)In [this section]—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)“administrative receiver” means an administrative receiver within the meaning of section 251 of [the Insolvency Act 1986] or Article 5(1) of [the Insolvency (Northern Ireland) Order 1989];
[(ba)“administrator” means a person appointed to manage the affairs, business and property of another person under Schedule B1 to that Act or to that Order;] and
(c)“trust deed” has the same meaning as in the Bankruptcy (Scotland) Act [2016].
Textual Amendments
Marginal Citations