F1PART 8CRestitution interest
CHAPTER 4Payment and collection of tax on restitution interest
357YODuty to deduct tax from payments of restitution interest
1
Subsection (2) applies if the Commissioners for Her Majesty's Revenue and Customs pay an amount of interest in relation to which Conditions 1 and 2 are met and—
a
the amount is (when the payment is made) restitution interest on which a company is chargeable to corporation tax under this Part, or
b
a company would be chargeable to corporation tax under this Part on the interest paid if it were (at that time) restitution interest.
2
The Commissioners must, on making the payment—
a
deduct from it a sum representing corporation tax on the amount at the restitution payments rate, and
b
give the company a written notice stating the amount of the gross payment and the amount deducted from it.
3
Condition 1 is that the Commissioners are liable to pay, or have agreed or determined to pay, the interest in respect of a company's claim for restitution with regard to—
a
the payment of an amount to the Commissioners under a mistake of law relating to a taxation matter, or
b
the unlawful collection by the Commissioners of an amount in respect of taxation.
4
Condition 2 is that the interest is not limited to simple interest at a statutory rate.
In determining whether or not this condition is met, all amounts which the Commissioners are liable to pay, or have agreed or determined to pay in respect of the claim are to be considered together.
5
For the purposes of Condition 1 it does not matter whether the Commissioners are liable to pay, or (as the case may be) have agreed or determined to pay, the interest—
a
pursuant to a judgment or order of a court,
b
as an interim payment in court proceedings,
c
under an agreement to settle a claim, or
d
in any other circumstances.
6
For the purposes of subsection (2) the restitution payments rate is to be applied to the gross payment, that is to the payment before deduction of a sum representing corporation tax in accordance with this section.
7
For the purposes of this section—
a
“interest” includes an amount equivalent to interest, and
b
an amount which the Commissioners pay as mentioned in subsection (1) is “equivalent to interest” so far as it is an amount determined by reference to the time value of money.
357YPTreatment of amounts deducted under section 357YO
1
An amount deducted from an interest payment in accordance with section 357YO(2)
F3a
is treated for all purposes as paid by the company mentioned in section 357YO(1) on account of the company's liability, or potential liability, to corporation tax charged on the interest payment, as restitution interest, under this PartF2, and
b
is accordingly to be treated for corporation tax purposes as going towards the discharging of the company’s liability to pay, for the accounting period concerned, tax charged under this Part (as calculated under paragraph 2 of the fifth step of paragraph 8(1) of Schedule 18 to FA 1998).
2
Subsections (3) and (4) apply if—
a
the Commissioners F4for Her Majesty’s Revenue and Customs have, on paying an amount which is not (when the payment is made) restitution interest, made a deduction under section 357YO(2) from the gross payment (see section 357YO(6)), and
b
a company becomes liable to repay the net amount to the Commissioners, or it otherwise becomes clear that the gross amount cannot, or will not, become restitution interest.
3
If the condition in subsection (2)(b) is met in circumstances where the company is not liable to repay the net amount to the Commissioners, the Commissioners must—
a
repay to the company the amount treated under subsection (1) as paid by the company, and
b
make any other necessary adjustments;
and any time limits applying to the making of adjustments are to be ignored.
4
If the condition in subsection (2)(b) is met by virtue of a company becoming liable to repay to the Commissioners the amount paid as mentioned in subsection (2)(a)—
a
this Part has effect as if the company were liable to repay the gross payment to the Commissioners, and
b
the amount deducted by the Commissioners as mentioned in subsection (2)(a) is to be treated for the purposes of this Part as money repaid by the company in partial satisfaction of its liability to repay the gross amount.
5
Subsections (3) and (4) have effect with the appropriate modifications if the condition in subsection (2)(b) is met in relation to part but not the whole of the gross amount mentioned in subsection (2)(a).
6
In this section “the net amount”, in relation to a payment made under deduction of tax in accordance with section 357YO(2), means the amount paid after deduction of tax.
357YQAssessment of tax chargeable on restitution interest
1
An officer of Revenue and Customs may make an assessment of the amounts in which, in the officer's opinion, a company is chargeable to corporation tax under this Part for a period specified in the assessment.
2
Notice of an assessment under this section must be served on the company, stating the date on which the assessment is issued.
3
An assessment may include an assessment of the amount of restitution income arising to the company in the period and any other matters relevant to the calculation of the amounts in which the company is chargeable to corporation tax under this Part for the period.
4
Notice of an assessment under this section may be accompanied by notice of any determination by an officer of Revenue and Customs relating to the dates on which amounts of tax become due and payable under this section or to amounts treated under section 357YP as paid on account of corporation tax.
5
The company must pay the amount assessed as payable for the accounting period by the end of the period of 30 days beginning with the date on which the company is given notice of the assessment.
357YRInterest on excessive amounts withheld
1
If an amount deducted under section 357YO(2) in respect of an amount of interest exceeds the amount which should have been deducted, the Commissioners F5for Her Majesty’s Revenue and Customs are liable to pay interest on the excess from the material date until the date on which the excess is repaid.
2
The “material date” is the date on which tax was deducted from the interest.
3
Interest under subsection (1) is to be paid at the rate applicable under section 178 of FA 1989.
357YSAppeal against deduction
1
An appeal may be brought against the deduction by the Commissioners for Her Majesty's Revenue and Customs from a payment of a sum representing corporation tax in compliance, or purported compliance, with section 357YO(2).
2
Notice of appeal must be given F6to Her Majesty’s Revenue and Customs —
a
in writing,
b
within 30 days after the giving of the notice under section 357YO(2).
357YTAmounts taxed at restitution payments rate to be outside instalment payments regime
For the purposes of regulations under section 59E of TMA 1970 (further provision as to when corporation tax due and payable), tax charged at the restitution payments rate is to be disregarded in determining the amount of corporation tax payable by a company for an accounting period.
Pt. 8C inserted (18.11.2015) (with effect in accordance with s. 38(9)-(12) of the amending Act) by Finance (No. 2) Act 2015 (c. 33), s. 38(3)