Paragraph 8 I1

(1)

Subject to sub-paragraph (4), the recipient shall claim any such tax credit—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

by bringing it into account when he is accounting for CCL due from him for any accounting period F2....

(2)

Accordingly, in the case of a claim under sub-paragraph (1)(b)—

(a)

the requirements of regulation 5 (content of returns), regulation 6 (payment of CCL) and regulation 7 (CCL accounts) apply subject to sub-paragraph (1)(b); but

(b)

sub-paragraph (1)(b) applies subject to regulation 27 (corrections) and regulation 28 (corrections not exceeding F3£50,000).

(3)

A claim subject to sub-paragraphs (1) and (2) shall be regarded as a claim for repayment of CCL for the purposes of paragraph 64 of the Act (supplemental provisions about repayments, etc.) (and see sub-paragraph (4)).

(4)

Where the total tax credit claimed by a recipient exceeds the total of any CCL due from him for the accounting period in question, F4... the Commissioners shall repay to him an amount equal to the excess (but see regulations 29 and 30).

(5)

Given the provision made by paragraph 62(4) of the Act, this paragraph has effect subject to paragraph 64 of the Act (application of supplemental provisions about repayments: F54 year time limit, unjust enrichment, etc.).

F6(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Sch. 1 para. 8(1)(a) omitted (22.7.2005) by virtue of The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 5(g) (with reg. 6)
F2: Words in Sch. 1 para. 8(1)(b) omitted (22.7.2005) by virtue of The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 5(h) (with reg. 6)
F3: Sum in Sch. 1 para. 8(2)(b) substituted (1.7.2008) by The Value Added Tax, etc (Correction of Errors, etc) Regulations 2008 (S.I. 2008/1482), regs. 1, 6(1) (with reg. 6(4))
F4: Words in Sch. 1 para. 8(4) omitted (22.7.2005) by virtue of The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 5(i) (with reg. 6)
F5: Words in Sch. 1 para. 8(5) substituted (1.4.2010) by The Climate Change Levy (General) (Amendment) Regulations 2010 (S.I. 2010/643), regs. 1, 3 (with reg. 5)
F6: Sch. 1 para. 8(6) omitted (22.7.2005) by virtue of The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1716), regs. 1(1), 5(j) (with reg. 6)

Commencement

I1: Sch. para. 8 in force at 1.4.2001, see reg. 1

Notes on Schedule 1

Textual amendments

F1: Sch. renumbered as Sch. 1 (1.4.2003) by The Climate Change Levy (General) (Amendment) Regulations 2003 (S.I. 2003/604), regs. 1, 21
F2: Words in Sch. 1 heading omitted (1.4.2014 with effect in accordance with Sch. 20 para. 10 to the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 20 paras. 8(11), 10(1)
F3: Word in Sch. 1 heading omitted (1.11.2007 with effect in accordance with the Notes in Sch. 1 to the amending S.I.) by virtue of The Climate Change Levy (General) (Amendment) Regulations 2007 (S.I. 2007/2903), reg. 1, Sch. 1 Table Item 25