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Legislation
Finance Act 2008

Crossheading Set off

  • Section 130 Set-off ...
  • Section 131 No set-off where insolvency procedure has been applied
  • Section 132 VAT: requirement to set-off
  • Section 133 Set-off etc where right to be paid a sum has been transferred
  • Section 134 Retained funding bonds: tender by Commissioners
  1. Set off
  2. Set-off ...

Section 130 | Set-off ...

From legislation.gov.uk

(1)This section applies where there is both a credit and a debit in relation to a person.

(2)The Commissioners may set the credit against the debit (subject to section 131 and any obligation of the Commissioners to set the credit against another sum).

(3)The obligations of the Commissioners and the person concerned are discharged to the extent of any set-off under subsection (2).

(4)“Credit”, in relation to a person, means—

(a)a sum that is payable by the Commissioners to the person under or by virtue of an enactment, or

(b)a relevant sum that may be repaid to the person by the Commissioners.

(5)For the purposes of subsection (4), in relation to a person, “relevant sum” means a sum that was paid in connection with any liability (including any purported or anticipated liability) of that person to make a payment to the Commissioners under or by virtue of an enactment or under a contract settlement.

(6)“Debit”, in relation to a person, means a sum that is payable by the person to the Commissioners under or by virtue of an enactment or under a contract settlement.

(7)In this section references to sums paid, repaid or payable by or to a person (however expressed) include sums that have been or are to be credited by or to a person.

(8)This section has effect without prejudice to any other power of the Commissioners to set off amounts.

(9)RepealedF1

(10)RepealedF2

Notes

  1. F1

    S. 130(9) repealed (retrospective to 6.4.2012) by Finance Act 2012 (c. 14), s. 50(3)(a)(4)

  2. F2

    S. 130(10) omitted (15.9.2016) by virtue of Finance Act 2016 (c. 24), s. 178(3)(a)

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