Section 80B Assessments of amounts due under section 80A arrangements
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Amendments
Section 80B inserted by Finance Act 1997 section 46(2) from 19 March 1997.
(1) Where any person is liable to pay any amount to the Commissioners in pursuance of an obligation imposed by virtue of section 80A (4)(a), the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him.
(1A) Where—
(a) an amount (“the gross credit”) has been credited to any person under subsection (1) or (1A) of section 80,
(b) any sums were set against that amount, in accordance with subsection (2A) of that section, and
(c) the amount reimbursed in accordance with the reimbursement arrangements was less than the gross credit,
subsection (1B) below applies.
Amendments
Subs (1A) inserted by Finance (No. 2) Act 2005 section 4(4) with effect in any case where a claim under section 80(2) was made on or after 26 May 2005, whenever the event occurred in respect of which the claim is made.
(1B) In any such case—
(a) the person shall cease to be entitled to so much of the gross credit as exceeds the amount so reimbursed, and
(b) the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him,
but an amount shall not be assessed under this subsection to the extent that the person is liable to pay it to the Commissioners as mentioned in subsection (1) above.
Amendments
Subs (1B) inserted by Finance (No. 2) Act 2005 section 4(4) with effect in any case where a claim under section 80(2) was made on or after 26 May 2005, whenever the event occurred in respect of which the claim is made.
(1C) In determining the amount that a person is liable to pay as mentioned in subsection (1) above, any amount reimbursed in accordance with the reimbursement arrangements shall be regarded as first reducing so far as possible the amount that he would have been liable so to pay, but for the reimbursement of that amount.
Amendments
Subs (1C) inserted by Finance (No. 2) Act 2005 section 4(4) with effect in any case where a claim under section 80(2) was made on or after 26 May 2005, whenever the event occurred in respect of which the claim is made.
(1D) For the purposes of this section, nil is an amount.
Amendments
Subs (1D) inserted by Finance (No. 2) Act 2005 section 4(4) with effect in any case where a claim under section 80(2) was made on or after 26 May 2005, whenever the event occurred in respect of which the claim is made.
(1E) Any reference in any other provision of this Act to an assessment under subsection (1) above includes, if the context so admits, a reference to an assessment under subsection (1B) above.
Amendments
Subs (1E) inserted by Finance (No. 2) Act 2005 section 4(4) with effect in any case where a claim under section 80(2) was made on or after 26 May 2005, whenever the event occurred in respect of which the claim is made.
(2) Subsections (2) to (8) of section 78A apply in the case of an assessment under subsection (1) above as they apply in the case of an assessment under section 78A(1).
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