Finance Act 2021

Restrictions on set-offU.K.

6(1)Section 62 of FA 2004 (treatment of sums deducted) is amended as follows.U.K.

(2)After subsection (3) insert—

(3A)Regulations under subsection (3) may include provision authorising an officer of Revenue and Customs to—

(a)correct an error or omission relating to a set-off claim;

(b)remove a set-off claim;

(c)prohibit a person from making a further set-off claim, for a specified period or indefinitely.

(3B)Regulations under subsection (3) that include provision of the kind mentioned in subsection (3A) may, for example, include provision—

(a)allowing the things mentioned in subsection (3A)(a) to (c) to be done by amending a return (including a return not made under the regulations) or otherwise;

(b)allowing a set-off claim to be removed where the claimant is not eligible to make the claim (including where the claimant is not a company, not a sub-contractor, or is registered for gross payment);

(c)requiring information to be given to the Commissioners of Revenue and Customs, at such times as may be specified in the regulations.

(3C)In subsections (3A) and (3B), “set-off claim” means a claim for treating a sum deducted under section 61 as paid on account of any relevant liabilities.

(3)In subsection (4), for “subsection (3)” substitute “ this section ”.