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Taxes (Offset of Repayments) Regulations 2002 (S.I. Number 471 of 2002)

PART 2

Offsetting

3 Order of priority of offset against liabilities.

Subject to Regulations 4, 5, 6 and 7, the amount of any repayment in respect of a claim or overpayment made by any person, which is, by virtue of subsection (2) of the principal section, to be set against any liability of that person, shall be set against —

(a) firstly, any liability, other than a current estimate or a liability at enforcement, in the following sequence:

(i) a liability arising under the same taxhead in respect of which the claim or overpayment is made,

(ii) a liability arising under the Value-Added Tax Act 1972 and the enactments amending or extending that Act,

(iii) a liability arising under Chapter 4 of Part 42 of the Principal Act and the regulations made under it,

(iv) a liability arising under Chapter 2 of Part 18 of the Principal Act and the regulations made under it,

(v) a liability arising under the Corporation Tax Acts,

(vi) a liability arising under any provision (other than Chapter 4 of Part 42 of the Principal Act) of the Income Tax Acts,

(vii) a liability arising under the Capital Gains Tax Acts,

(viii) a liability arising under Part VI of the Finance Act 1983 (No. 15 of 1983) and the enactments amending or extending that Part,

(ix) a liability arising under the Capital Acquisitions Tax Act 1976 (No. 8 of 1976)Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003) and the enactments amending or extending that Act,

(x) a liability arising under the Stamp Duties Consolidation Act 1999 (No. 31 of 1999) and the enactments amending or extending that Act,

(xi) a liability arising under Chapter IV of Part II of the Finance Act 1992 (No. 9 of 1992),

(xii) a liability arising under the statutes relating to the duties of excise and to the management of those duties,

(b) secondly, any liability, being a liability at enforcement, in the sequence set out in paragraph (a), and

(c) finally, against any amount referred to in paragraph (d) of the definition of “taxhead”.