Textual Amendments
F1Reg. 68 cross-heading omitted (6.4.2012) by virtue of The Income Tax (Pay As You Earn) (Amendment) Regulations 2012 (S.I. 2012/822), regs. 1(1), 27(a)
72GA.—(1) Regulation 72GB applies where—
(a)an amount of income tax or corporation tax has been—
(i)paid, or
(ii)assessed
in respect of a payment received by the intermediary that is subsequently treated as a deemed direct payment,
(b)the deemed direct payment was made on or after 6th April 2017,
(c)HMRC are in receipt of one or more tax returns, which include an amount of tax that appears to be referable to that deemed direct payment,
(d)a trigger event has occurred, and
(e)the trigger event did not occur before 6th April 2024.
(2) The following are trigger events—
(a)HMRC serve notice of a determination made under regulation 80 of these Regulations (determination of unpaid tax and appeal against determination) that includes tax in respect of the deemed direct payment,
(b)HMRC receive a letter of offer,
(c)HMRC serve a recovery notice under Chapter 5 of Part 4 of these Regulations (debts arising under Chapter 10 of Part 2 of ITEPA), where it would be impractical to recover by way of a determination made under regulation 80, or
(d)when a determination made under regulation 80 becomes final and conclusive and that determination includes tax in respect of the deemed direct payment.
(3) In this regulation—
“intermediary” has the meaning given in section 61M(1)(c) of ITEPA;
“letter of offer” means an offer in writing by the deemed employer to agree an amount in settlement of the deemed employer’s liability to pay an amount that includes tax on the payment.
(4) In this regulation and regulations 72GB and 72GC—
“deemed direct payment” has the meaning given in section 61N of ITEPA.
(5) For the purposes of this regulation and regulations 72GB and 72GC, tax is assessed if it—
(a)is included in a return under section 8 of the Taxes Management Act 1970 which includes a self-assessment, or under Schedule 18 to the Finance Act 1998, and
(b)takes into account any reliefs, including reliefs from income tax, included in the return or returns.]
Textual Amendments