Finance Act, 1986
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Repayment of appropriate tax in certain cases. |
39.—(1) Notwithstanding section 35 (1) (b), repayment of appropriate tax in respect of any relevant interest shall be made to a person who is entitled to exemption in respect of that interest— | |
(a) from income tax under Schedule D by virtue of paragraph (b) of section 333 (1) of the Income Tax Act, 1967 , or | ||
(b) as the case may be, from corporation tax by virtue of the exemption conferred by the said paragraph (b) of the said section 333 (1) as it has effect for the purposes of corporation tax under section 11 (6) of the Corporation Tax Act, 1976 . | ||
(2) Where, in the year 1986-87 or any subsequent year of assessment (hereafter in this section referred to as “the relevant year”), the total income of a relevant person includes any relevant interest and, apart from section 35 (1) (b), the relevant person would be entitled to repayment of the whole or any part of the appropriate tax deducted from the relevant interest, then, notwithstanding section 35 (1) (b), the repayment to which the relevant person would be so entitled may be made to him on the making by him to the inspector, not earlier than the end of the relevant year, of a claim in that behalf. | ||
(3) In subsection (2) “relevant person” means an individual who proves to the satisfaction of the inspector, or, on appeal, to the Appeal Commissioners, that— | ||
(a) at some time during the relevant year he or his spouse was of the age of sixty-five years or upwards, or | ||
(b) throughout the relevant year he or his spouse was, or as on and from some time during the relevant year he or his spouse became, permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself. |