RM5196 - Over-repayments: Assessments to recover an over- repayment
When an assessment to recover an over-repayment is required
- take the following action
and/or
- ask the assessing District to take the necessary action.
In every case the assessing District should
- set up a CODA record for the person from whom you are going to recover the over- repayment
- if part of the over-repayment is to be waived under the Official Error concession see the last two paragraphs of AP4740 (b)(ii).
In addition, if the Collector asks a District to make a TMA70/S30 assessment
-
check that the Collector’s request
- is on Collection headed notepaper
- is signed by the Collector in Charge or deputy
-
tells you the amount of tax and/or supplement to be recovered
-
if it is
- ask the RSO to make an entry in the over-repayments register
- you can make the Section 30 assessment.
If an R97 has been issued
- make sure credit is given in the assessment for any part of the over-repayment which has been recovered
and
- cancel or reduce the R97 charge. The reason for the cancellation is `formally assessed under S29 or S30 TMA1970’.
A Section 29 assessment will be a CODA D, Taxed Income or Capital Gains Tax assessmentor further assessment.
To make a Section 30 assessment to recover excess tax and/or supplement repaid or set-offthe assessing District should
- make the assessment manually under Schedule D case VI
- use a 307-1(Z) working sheet and 302(Z) Set
- on the
profits' line enter
Tax and/or repayment supplement over-repaid’ (omit any words which do not apply) - enter the amount of the over-repayment in the assessment column.
When any assessment has been made ask the RSO to close the entry in the over-repayments register.