85 Interest in respect of unlawful ACT
Finance Act 2019 (2019 c 1) | Legislation

Payment of unlawful advance corporation tax

85  Interest in respect of unlawful ACT

(1)     This section applies where—

(a)     on any date before 12 December 2012, a person started proceedings against the Commissioners in the High Court or the Court of Session,

(b)     the proceedings include a claim arising out of a relevant payment, and

(c)     the claim has not been settled, discontinued or finally determined.

(2)     “Relevant payment” means a payment of unlawful ACT that—

(a)     was made by the person on or after 1 January 1996 or in the period of 6 years ending immediately before the date the proceedings were started, and

(b)     was set off or repaid (wholly or in part) before the proceedings were started.

(3)     The person is entitled to an order requiring the Commissioners to pay to the person—

(a)     an amount (“the principal amount”) equal to the amount

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