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(This note is not part of the Regulations)
These Regulations, made under section 32 of the Finance Act 1991, (“section 32”) contain provisions supplementary to those in section 32 which make provision for tax relief for payments in respect of qualifying courses of vocational training to be given by deduction from such payments of amounts equal to income tax at the basic rate on them (“relief at source”). They specify the types of public financial assistance that will preclude the giving of relief under section 32(2). They also make provision for an individual making a payment in respect of a course of vocational training to have his entitlement to tax relief on that payment removed in certain circumstances, for the circumstances in which tax for which relief has been given at source may be recovered from the training provider to whom the payment was made, and for the adaptation of section 30 of the Taxes Management Act 1970 in order to secure that recovery by way of assessment.
Regulation 1 provides for citation and commencement.
Regulation 2 contains definitions.
Regulation 3 specifies the types of public financial assistance that will preclude the giving of relief under section 32(2).
Regulation 4 provides that a person making a payment in respect of a qualifying course of vocational training will have his entitlement to tax relief for that payment removed or diminished if the payment, or any part of it, is refunded to him, or if he receives a prize, award or other payment merely for undertaking or completing the course.
Regulation 5 provides for the recovery of that tax relief from the training provider to whom the payment was made in circumstances where the training provider has recovered the relief from the Commissioners of Inland Revenue and not reimbursed them following removal of entitlement to relief for that payment.
Regulation 6 adapts the provisions of section 30 of the Taxes Management Act 1970 providing for the recovery of overpayments of tax by way of assessment underCase VI of Schedule D so that they apply in the same way to the recovery of tax relief under regulation 5.
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