SCHEDULE 18 Company tax returns, assessments and related matters
Part VIOverpaid tax, excessive assessments or repayments, etc
F1 The claimant: one person accountable for amounts payable by another
51C
(1)
Sub-paragraph (2) applies where a person (“P”) is accountable to the Commissioners for Her Majesty's Revenue and Customs under a relevant enactment for an amount that has been or is to be set off against a liability of another person (“T”) under a relevant enactment.
(2)
A claim under paragraph 51 in respect of the amount may be made only by T.
(3)
Sub-paragraph (4) applies where—
(a)
a person (“P”) has paid an amount described in sub-paragraph (1) in the belief that P was accountable to the Commissioners for the amount under a relevant enactment, but
(b)
P was not so accountable.
(4)
A claim under paragraph 51 in respect of the amount may be made only by P.
(5)
The Commissioners for Her Majesty's Revenue and Customs are not liable to give effect to a claim under sub-paragraph (4) if or to the extent that the amount has been repaid to T or set against amounts payable to the Commissioners by T.
(6)
“Relevant enactment” means—
(a)
Chapter 3 of Part 3 of the Finance Act 2004 or regulations under that Chapter (construction industry scheme), or
(b)
any other provision of or made under the Taxes Acts.