The Income Tax (Employments) (Amendment No. 3) Regulations 1996

• Citation: S.I. 1996/1312
• Sections: 19

Section 1 Citation and commencement

These Regulations may be cited as the Income Tax (Employments) (Amendment No. 3) Regulations 1996 and shall come into force on 5th June 1996.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.

Section 3 Amendments to the principal Regulations

In regulation 5 —

(a) for paragraph (3)(b) there shall be substituted—

(b) any share of gratuities or service charges not falling within sub-paragraph (a) above shall be dealt with in accordance with paragraph (4A).

(b) after paragraph (4) there shall be inserted—

(4A) Where this paragraph applies the inspector or other officer of the Board may—

(a) take into account under regulation 7(2)(b) the share of gratuities or service charges referred to in paragraph (3)(b) in his determination of a code, and

(b) where he has not already done so, give notice to the employee under section 8 of the Management Act requiring a return to be made and delivered under that section.

Section 4 Amendments to the principal Regulations

In regulation 7(2)(e) the words “in respect of Schedule E” shall be omitted.

Section 5 Amendments to the principal Regulations

In regulation 9(2), for sub-paragraph (a) and the word “or” immediately following it there shall be substituted—

(a) the emoluments will be taken into account as Schedule D income in any assessment, or

Section 6 Amendments to the principal Regulations

In regulation 11(3), for the words from “in accordance with” to the end there shall be substituted “for the division in which the place of employment is situated”.

Section 7 Amendments to the principal Regulations

In regulation 46AA(3) , for the word “requirement” there shall be substituted“notice”.

Section 8 Amendments to the principal Regulations

(1) In regulation 49, for paragraph (8) there shall be substituted—

(8) An appeal against a determination under this regulation that is to be brought before the General Commissioners shall be brought before the General Commissioners for the division in which the determination was made.

(2) Paragraph (1) shall have effect in relation to any appeal made on or after the date of coming into force of these Regulations against a determination in respect of the year 1996—97 or any subsequent year of assessment.

Section 9 Amendments to the principal Regulations

In regulation 53(1) after the words “subsequent year” there shall be inserted “not later than the year ended 5th April 1996”.

Section 10 Amendments to the principal Regulations

After regulation 53 there shall be inserted—

Interest on tax overpaid by employer—1996—97 and subsequent years

(53A)

(1) Where tax in respect of the year ended 5th April 1997 or any subsequent year is repaid to an employer after the end of the year in respect of which the tax was paid, the tax repaid shall carry interest at the prescribed rate—

(a) from the 14th day after the end of the year in respect of which the tax was paid or, if later,

(b) from the date on which the payment of tax for that year was made.

(2) In paragraph (1) “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 of the Taxes Act ; and where that rate changes on an operative date within the meaning given by regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.

Section 11 Amendments to the principal Regulations

In regulation 63(5) for the words from “in accordance with” to the end there shall be substituted “by the General Commissioners for the division in which the reservist’s place of residence is situated”.

Section 12 Amendments to the principal Regulations

In regulations 68(1) and 88(1) for the word “After” in each place where it occurs there shall be substituted “Not later than 56 days after”.

Section 13 Amendments to the principal Regulations

For regulation 99 there shall be substituted—

Assessment

(99) Nothing in these Regulations shall prevent an assessment (whether made under section 9 of the Management Act or otherwise) being made in respect of income assessable to income tax for any year.

Section 14 Amendments to the principal Regulations

In regulation 101 —

(a) in paragraph (4)(d) the words “in respect of Schedule E” shall be omitted;

(b) for paragraph (7) there shall be substituted—

(7) In this regulation—

(a) references to an assessment are references to an assessment other than an assessment under section 9 of the Management Act;

(b) references to “tax payable under the assessment” are references to the amount of tax shown in the assessment as payable without regard to any amount shown in the notice of assessment as a deduction from, or a credit against, the amount of tax payable.

Section 15 Amendments to the principal Regulations

After regulation 101 there shall be inserted—

Recovery of overpayments and recovery of underpayments—self-assessments

(101A)

(1) For the purpose of determining in respect of the year ended 5th April 1997 or any subsequent year—

(a) the amount of any such excess as is mentioned in section 59A(1) of the Management Act, or

(b) the amount of the difference mentioned in section 59B(1) of that Act,

any necessary adjustments in respect of the matters prescribed by paragraph (2) shall be made to the amount of tax deducted at source in accordance with these Regulations in that year.

(2) The matters prescribed are—

(a) the aggregate amount of any repayments of tax deducted at source made to the employee;

(b) the like matters as are specified in paragraph (4) of regulation 101, having regard to paragraphs (5) and (6) of that regulation.

(3) Where the amount of the difference mentioned in section 59B(1) of the Management Act is payable by the employee as mentioned in that section, the inspector or other officer of the Board may—

(a) require the employee to pay that amount to the collector, or

(b) take that amount into account in determining the appropriate code for a subsequent year.

(4) In paragraph (2)(a) the reference to repayments of tax is a reference to any repayments made in the year in which the tax was deducted at source, or after the end of that year but before the employee’s return containing his self-assessment is made under section 8 or 8A of the Management Act.

Section 16 Amendments to the principal Regulations

(1) In regulation 102, paragraph (2)(a) shall be omitted.

(2) Paragraph (1) shall have effect so far as concerns any action taken by the inspector under regulation 102 on or after the date of coming into force of these Regulations for the year 1996—97 or any subsequent year.

Section 17 Amendments to the principal Regulations

(1) In regulation 104—

(a) in paragraph (7)(b) for the words from “make an assessment” to the end there shall be substituted “by notice under section 8 of the Management Act require the employee to make and deliver a return under that section for the year”;

(b) paragraph (8) shall be omitted;

(c) in paragraph (11) for the words “if neither paragraph (7) nor paragraph (9) has applied”there shall be substituted “unless he has been required under section 8 of the Management Act to make and deliver a return or he has rendered a return under paragraph (9)”.

(2) Paragraph (1) shall have effect in any case where a deductions working sheet is issued by the inspector under paragraph (1) of regulation 104 on or after the date of coming into force of these Regulations for the year 1996—97 or any subsequent year.

Section 18 Amendments to the principal Regulations

(1) In regulation 105, paragraph (2) shall be omitted.

(2) Paragraph (1) shall have effect with respect to any tax that becomes payable to the collector by any employee on or after the date of coming into force of these Regulations for the year 1996—97 or any subsequent year.

Section 19 Revocations and savings

(1) Regulation 100 is revoked except so far as concerns any appeal made on or after the date of coming into force of these Regulations against an assessment for the year 1995—96 or any earlier year.

(2) Regulation 103 is revoked except so far as concerns any assessment made on or after the date of coming into force of these Regulations for the year 1995—96 or any earlier year.