Section 267 Repayment of appropriate tax in certain cases
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(1) In this section, "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 the individual or his or her spouse was of the age of 65 years or over, or
(b) throughout the relevant year the individual or his or her spouse was, or as on and from some time during the relevant year the individual or his or her spouse became, permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself.
How is a "relevant person" defined for the purposes of DIRT repayment?
(1) Retention tax may, on a claim being made, be repaid to you if you are a relevant person, i.e., a person aged 65 or over, or a person incapable of looking after yourself because you are permanently physically or mentally incapacitated....
(2) Notwithstanding section 261(b), repayment of appropriate tax in respect of any relevant interest shall be made to a person entitled to exemption in respect of that interest-
(a) from income tax under Schedule D by virtue of [section 189A(2) or]1 section 207(1)(b), or
(b) from corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax by virtue of section 76(6).
Amendments
1 Inserted by Finance Act 1999 section 12(b)(i) as respects relevant interest paid on or after 6 April 1997.
(3) Where in any year of assessment (in this subsection referred to as "the relevant year") the total income of a relevant person includes any relevant interest [or would, but for the provisions of section 189(2), [section 189A(4)]1 or section 192(2), have included relevant interest,]2 and apart from section 261(b) the relevant person would be entitled to repayment of the whole or any part of the appropriate tax deducted from that relevant interest, then, notwithstanding section 261(b), the repayment to which the relevant person would be so entitled may be made to the relevant person on the making by the relevant person to the inspector, not earlier than the end of the relevant year, of a claim in that behalf.
Amendments
1 Substituted by Finance Act 2007 section 34(1)(f) from 2 April 2007. This corrects an incorrect cross-reference.
2 Inserted by Finance Act 1999 section 12(b)(ii) as respects relevant interest paid on or after 6 April 1997.
If I am over 65, when may I be entitled to a DIRT refund?
(3) If your total income (including deposit interest) as a relevant person aged 65 or over in a tax year (a relevant year) is within the income exemption limit (section 187), you may be entitled to repayment of any retention tax paid on the interest....
