Regulation 5 Incentive payment—return of payments of tax credit

(1)

The Board shall make an incentive payment in the amount of £50 to any employer who—

(a)

pays tax credit to one or more of his employees during a year of assessment,

(b)

in accordance with regulation 6(7) of the Tax Credits (Payment by Employers) Regulations 1999^f1 records on the certificate contained in a return under regulation 43 of the Employments Regulations the total tax credit paid to his employees for that year,

(c)

renders that return using electronic communications, and

(d)

satisfies the conditions specified in any direction given by the Board under paragraph (2).

(2)

The Board may give a direction specifying any or all of the following conditions—

(a)

a condition that the year of assessment for which the return is to be rendered is one specified in the direction,

(b)

a condition specifying the form of electronic communication by which the return is to be rendered,

(c)

a condition that the employer by whom the return is to be rendered is one who is authorised to use the form of electronic communication specified in the direction,

(d)

a condition that the employer satisfies each of the conditions specified in a direction made under regulation 4(2) of these Regulations,

(e)

a condition that the employer has paid tax credit in the year of assessment concerned in accordance with regulation 6 of the Tax Credits (Payment by Employers) Regulations 1999 (obligation to pay tax credit on paying emoluments to employees entitled to tax credit).

(3)

Where an officer of the Board considers that the employer has failed to satisfy one or more of the conditions specified in the direction, he may give notice to the employer that the conditions are not met or, where the incentive payment has already been authorised or made, notice withdrawing the incentive payment.

(4)

Where prior to the giving of a notice under paragraph (3) an incentive payment has already been made to the employer, an officer of the Board may recover the amount of the incentive payment in accordance with paragraph (5).

(5)

For the purposes of paragraph (4), subsections (1), (4), (5) and (6) of section 30 of the Management Act and section 30A of that Act shall apply as if the amount of the incentive payment to be recovered were an amount of income tax repaid to a person which ought not to have been repaid to him.

(6)

The Board may give a direction relating to appeals against notices under paragraph (3) and appeals against assessments made in pursuance of paragraph (5).

Annotations

Footnotes

f1: S.I. 1999/3219.