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Agents should use a nomination form

27 March 2023
Issue: 4882 / Categories: News

The chancellor announced legislation at the Budget to render void assignments of income tax repayments ie remove a taxpayer’s ability to legally assign to a third party their income tax repayment. This took effect on 15 March 2023.

In Agent Update 106 HMRC confirms that the practical consequences of this are: 

  • any assignment notified to/received by HMRC on or after 15 March 2023 will be legally void;
  • any assignment documents including those signed before 15 March 2023 notified to HMRC on or after 15 March will be legally void but:
    • as a concession HMRC will continue to accept these ‘assignment documents’ but treat them as non-legally binding nominations and
    • if the taxpayer subsequently cancels these nominations the repayment will not be made to the agent; and
  • agents do not need to amend assignment documents already signed by their clients but not yet...

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