Part 7Administration
Chapter 5Payment and enforcement
Set off
130Set-off: England and Wales and Northern Ireland
1
This section applies where there is both a credit and a debit in relation to a person.
2
The Commissioners may set the credit against the debit (subject to section 131 and any obligation of the Commissioners to set the credit against another sum).
3
The obligations of the Commissioners and the person concerned are discharged to the extent of any set-off under subsection (2).
4
“Credit”, in relation to a person, means—
a
a sum that is payable by the Commissioners to the person under or by virtue of an enactment, or
b
a relevant sum that may be repaid to the person by the Commissioners.
5
For the purposes of subsection (4), in relation to a person, “relevant sum” means a sum that was paid in connection with any liability (including any purported or anticipated liability) of that person to make a payment to the Commissioners under or by virtue of an enactment or under a contract settlement.
6
“Debit”, in relation to a person, means a sum that is payable by the person to the Commissioners under or by virtue of an enactment or under a contract settlement.
7
In this section references to sums paid, repaid or payable by or to a person (however expressed) include sums that have been or are to be credited by or to a person.
8
This section has effect without prejudice to any other power of the Commissioners to set off amounts.
9
In section 429(5) of ITA 2007 (giving through self-assessment)—
a
in the definition of “tax repayment”, for “set-off that falls to be made against the individual's liabilities” substitute “
relevant set-off
”
, and
b
insert at the end—
“relevant set-off”, in relation to an individual, means any set-off that falls to be made against the individual's liabilities, other than any set-off under section 130 of FA 2008.
10
Subsections (1) to (8) extend to England and Wales and Northern Ireland only.