Part II Income Tax, Corporation Tax and Capital Gains Tax

Chapter I General

Interest: general

58 Overclaims in respect of deductions of mortgage interest.

1

After subsection (6) of section 369 of the Taxes Act 1988 (recovery of amount treated as paid by recipient of interest paid subject to a deduction under that section) there shall be inserted the following subsection—

7

The following provisions of the Management Act, namely—

a

section 29(3)(c) (excessive relief),

b

section 30 (tax repaid in error etc.),

c

section 88 (interest), and

d

section 95 (incorrect return or accounts),

shall apply in relation to an amount which is paid to any person by the Board as an amount recoverable in accordance with regulations made by virtue of subsection (6) above but to which that person is not entitled as if it were income tax which ought not to have been repaid and, where that amount was claimed by that person, as if it had been repaid as a relief which was not due.

2

This section shall not apply in relation to any payment if the payment, or the claim on which it is made, was made before the day on which this Act is passed.