Section 1179CH | No credit payable if certain tax matters outstanding

(1)Subsection (2) applies if—

(a)a company would (but for that subsection) be entitled to be paid an amount at step 6 of section 1179CC, and

(b)the company’s tax return for the accounting period in question is enquired into by an officer of Revenue and Customs.

(2)The amount does not have to be paid to the company; but an officer of Revenue and Customs may make a payment on a provisional basis of such amount as the officer thinks fit.

(3)Subsection (4) applies if—

(a)a company would (but for that subsection) be entitled to be paid an amount at step 6 of section 1179CC, and

(b)the company has not paid to an officer of Revenue and Customs any amount that it is required to pay—

(i)under PAYE regulations,

(ii)under section 966 of ITA 2007 (visiting performers), or

(iii)in respect of Class 1 national insurance contributions,

for payment periods ending in the accounting period in question.

(4)The amount does not have to be paid to the company; but an officer of Revenue and Customs may make a payment of such amount as the officer thinks fit.

(5)For the purposes of subsection (3), a “payment period” is—

(a)in relation to PAYE regulations or Class 1 national insurance contributions, a period—

(i)which ends on the fifth day of a month, and

(ii)for which the company is liable to account for income tax and national insurance contributions to an officer of Revenue and Customs;

(b)in relation to section 966 of ITA 2007, a period for which the company is required to make a return as described in section 969(1)(b) of that Act.