Taxes Consolidation Act 1997 section 528

Apportionment of credits or interim refunds of appropriate tax

Section 528 requires that where a professional services withholding tax (PSWT) payment notification relates to two or more persons, any necessary apportionment must be made for the purposes of giving effect to the PSWT credit and interim refund provisions.

• Where an accountable person makes a relevant payment to a partnership, the PSWT credit shown on the payment notification must be apportioned between the partners, normally in the same proportion as profits are shared.
• Any interim refund of PSWT must also be apportioned between the partners on the same basis.
• In exceptional circumstances, Revenue may agree an alternative basis of allocation between partners, but the partnership must apply in writing and all partners must sign an undertaking not to seek credit on any other basis.
• Where an alternative allocation is agreed, the total amount credited or repaid to the partners cannot exceed what would have been credited or repaid under the strict profit-sharing basis.