SCHEDULES

SCHEDULE 33Annual tax on enveloped dwellings: returns, enquiries, assessments and appeals

PART 6Relief in case of overpaid tax or excessive assessment

30Cases in which Commissioners are not liable to give effect to a claim

1

The Commissioners for Her Majesty’s Revenue and Customs are not liable to give effect to a claim under paragraph 29 if or to the extent that the claim falls within a case described in this paragraph.

2

Case A is where the amount of tax paid, or liable to be paid, is excessive because of—

a

a mistake in a claim, or

b

a mistake consisting of making, or failing to make, a claim.

3

Case B is where the claimant is or will be able to seek relief by taking other steps under this Part of this Act.

4

Case C is where the claimant—

a

could have sought relief by taking such steps within a period that has now expired, and

b

knew or ought reasonably to have known, before the end of that period, that such relief was available.

5

Case D is where the claim is made on grounds that—

a

have been put to a court or tribunal in the course of an appeal by the claimant relating to the amount paid or liable to be paid, or

b

have been put to HMRC in the course of an appeal by the claimant relating to that amount that is treated as having been determined by a tribunal by virtue of paragraph 46 (settling of appeals by agreement).

6

Case E is where the claimant knew, or ought reasonably to have known, of the grounds for the claim before the latest of the following—

a

the date on which a relevant appeal in the course of which the ground could have been put forward was determined by a court or tribunal (or is treated as having been so determined);

b

the date on which the claimant withdrew a relevant appeal to a court or tribunal;

c

the end of the period in which the claimant was entitled to make a relevant appeal to a court or tribunal.

In this sub-paragraph “relevant appeal” means an appeal by the claimant relating to the amount paid or liable to be paid.

7

Case F is where the amount in question was paid or is liable to be paid—

a

in consequence of proceedings enforcing the payment of that amount brought against the claimant by HMRC, or

b

in accordance with an agreement between the claimant and HMRC settling such proceedings.

8

Case G is where—

a

the amount paid, or liable to be paid, is excessive by reason of a mistake in calculating the claimant’s liability to tax, and

b

liability was calculated in accordance with the practice generally prevailing at the time.

9

Case G does not apply where the amount paid, or liable to be paid, is tax which has been charged contrary to EU law.

10

For the purposes of sub-paragraph (9), an amount of tax is charged contrary to EU law if, in the circumstances in question, the charge to tax is contrary to—

a

the provisions relating to the free movement of goods, persons, services and capital in Titles II and IV of Part 3 of the Treaty on the Functioning of the European Union, or

b

the provisions of any subsequent treaty replacing the provisions mentioned in paragraph (a).