Part 2

Trading income
Chapter 5

Trade profits: rules allowing deductions

Counselling and retraining expenses

Retraining courses: recovery of tax
75
1
This section applies if—
a
an employer's liability to tax for a tax year is determined on the assumption that a deduction for expenditure is allowed under section 74, and
b
the deduction would not otherwise have been allowed.
2
If, subsequently—
a
the condition in section 311(4)(a) of ITEPA 2003 is not met because of the employee's failure to begin the course within the period of one year after ceasing to be employed, or
b
the condition in section 311(4)(b) of ITEPA 2003 is not met because of the employee's continued employment or re-employment,
an assessment of an amount or further amount of tax due as a result of the condition not being met may be made under section 29(1) of TMA 1970.
3
Such an assessment must be made before the end of the period of 6 years immediately following the end of the tax year in which the failure to meet the condition occurred.
4
If subsection (2) applies, the employer must give an officer of Revenue and Customs a notice containing particulars of—
a
the employee's failure to begin the course,
b
the employee's continued employment, or
c
the employee's re-employment,
within 60 days of coming to know of it.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
A notice under subsection (5) may specify a time (not less than 60 days) within which the required information must be provided.
Words in s. 75(4)(5) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 132(1); S.I. 2005/1126, art. 2(h)
S. 75(5) omitted (13.8.2009) by virtue of The Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 (S.I. 2009/2035), art. 1, Sch. para. 42