Regulation 18 Tax liabilities and reliefs—plan manager to act on behalf of plan investor

(1)

A plan manager may under these Regulations make claims, conduct appeals and agree on behalf of the plan investor liabilities for and reliefs from tax in respect of a plan.

(2)

Claims shall be made to the Board in accordance with the provisions of regulations 19 and 20.

(3)

Where any relief or exemption from tax previously given in respect of a plan has by virtue of these Regulations become excessive, in computing the relief due on any claim there shall be deducted, so that amounts equal to that excess are set-off or repaid to the Board, as the case may be, notwithstanding that those amounts have been invested–

(a)

any amount repaid in respect of a tax credit;

(b)

any other amount due to the Board by a plan manager in respect of any tax liability in respect of investments under a plan including (but without prejudice to the making of an assessment under the provisions of that section) any amount falling due in respect of a liability under section 737 of the Taxes Act^f1.

(4)

Any amount deducted under paragraph (3) shall be treated as an amount of income tax deducted at source and not repayable within the meaning and for the purposes of section 95(2)(a) of the Management Act.

Annotations

Footnotes

f1: 1988 c. 1.