Section 60H — Income Tax (Earnings and Pensions) Act 2003: Duty on client to state whether it qualifies as small for a tax year

Duty on client to state whether it qualifies as small for a tax year 60H 1 This section applies if, in the case of an engagement that meets conditions (a) to (b) in section 49(1), the client receives from the client's agent or the worker a request to state whether in the client's opinion the client qualifies as small for a tax year specified in the request.

2 The client must provide to the person who made the request a statement as to whether in the client's opinion the client qualifies as small for the tax year specified in the request.

3 If the client fails to provide the statement by the time mentioned in subsection (4) the duty to do so is enforceable by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988.

4 The time is whichever is the later of—

a the end of the period of 45 days beginning with the date the client receives the request, and b the beginning of the period of 45 days ending with the start of the tax year specified in the request.

5 In this section “ the client's agent ” means a person with whom the client entered into a contract as part of the arrangements mentioned in paragraph (b) of section 49(1).