C1PART XIXBAD DEBT RELIEF (THE NEW SCHEME)
Repayment of a refundI1171
—
F51
Where a claimant—
a
has received a refund upon a claim, and
b
either—
i
a payment for the relevant supply is subsequently received, or
ii
a payment is, by virtue of regulation 170 or 170A, treated as attributed to the relevant supply, or
iii
the consideration for any relevant supply upon which the claim to refund is based is reduced after the claim is made,
he shall repay to the Commissioners such an amount as equals the amount of the refund, or the balance thereof, multiplied by a fraction of which the numerator is the amount so received or attributed, and the denominator is the amount of the outstanding consideration, or such an amount as is equal to the negative entry made in the VAT allowable portion of his VAT account as provided for in regulation 38.
2
The claimant shall repay to the Commissioners the amount referred to in paragraph (1) above by including that amount in the box opposite the legend “VAT due in this period on sales and other outputs” on his return for the prescribed accounting period in which the payment is received.
3
Save as the Commissioners may otherwise allow, where the claimant fails to comply with the requirements of regulation 167, 168, 169 F1, 170 or 170A he shall repay to the Commissioners the amount of the refund obtained by the claim to which the failure to comply relates; and he shall repay the amount by including that amount in the box opposite the legend “VAT due in this period on sales and other outputs” on his return for the prescribed accounting period which the Commissioners shall designate for that purpose.
4
If at the time the claimant is required to repay any amount, he is no longer required to make returns to the Commissioners, he shall repay such amount to the Commissioners at such time and in such form and manner as they may direct.
F45
For the purposes of this regulation F3, but subject to paragraph (6) below, a reference to payment shall not include a reference to a payment received by a person to whom a right to receive it has been assigned.
F26
Paragraph (5) above does not apply where any person to whom the right to receive a payment has been assigned (whether by the claimant or any other person) is connected to the claimant.
7
Any question for the purposes of paragraph (6) above whether any person is connected to the claimant shall be determined in accordance with section 839 of the Taxes Act.
8
Paragraphs (6) and (7) above apply where the right to receive a payment is assigned on or after 11th December 2003.
Pt. 19 modified (except reg. 171) (temp.) (27.7.1999 until 1.12.1999, see S.I. 1999/3029, reg. 5) by Finance Act 1999 (c. 16), s. 15(4)(5)