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Income Tax (Earnings and Pensions) Act 2003

Section 312: Recovery of tax

1313.This section provides machinery for an assessment to charge the amount due if exemption under section 311 has been given and there is a subsequent failure to meet certain of the conditions in section 311(4).

1314.It derives from section 588 of ICTA.

1315.Subsection (1) sets out the circumstances in which the section applies.

1316.Subsection (2) sets out what will be assessed if the section applies, and provides the mechanism for such an assessment.

1317.Subsection (3) provides the time limit for the making of such an assessment.

1318.Subsections (4) to (6) contain provisions which:

  • require the employer or former employer to notify the Inland Revenue of a failure within the terms of subsection (1) to meet the conditions in section 311(4); and

  • permit the Inland Revenue to require information from a person they have reason to believe has failed to fulfil that requirement.

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