35 Recovery of underpayments

(1) If USC payable under an assessment to USC exceeds the total USC deducted from an employee’s relevant emoluments during a USC year, a Revenue officer, instead of taking the excess into account in determining—

(a) the appropriate rate cut-off points for a subsequent USC year,

(b) the amount of tax credits (within the meaning of the PAYE Regulations) for a subsequent USC year in accordance with section 531AY(4) of the Act, or

(c) the standard rate cut-off point (within the meaning of the PAYE Regulations) for a subsequent USC year in accordance with section 531AY(4) of the Act,

may require the employee to remit the excess to the Collector-General, and, where the Revenue officer so requires, the employee shall remit the excess accordingly on demand made by the Collector-General.

(2) For the purposes of determining the amount of any such excess, any neces sary adjustment shall be made to the total USC in respect of any USC overpaid or remaining unpaid for any USC year.

(3) Any USC that is to be remitted to the Collector-General under paragraph (1) shall be remitted within 14 days of the date on which the Collector-General first makes application for payment of that USC.

(4) Any USC that is to be remitted to the Collector-General by any employee may be recovered in the manner provided by Part 42 of the Act.

Given under my hand,

16 December 2011.

MICHAEL O’GRADY,

Revenue Commissioner.