Finance Act 2009

Climate change levyU.K.

32U.K.Schedule 6 to FA 2000 (climate change levy) is amended as follows.

33U.K.In paragraph 64(1) (repayments of overpaid climate change levy), for “three years” substitute “ 4 years ”.

Commencement Information

I1Sch. 51 para. 33 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/867, art. 2(1) (with art. 16)

34U.K.In paragraph 66(10) (interest payable by the Commissioners), for “three years” substitute “ 4 years ”.

Commencement Information

I2Sch. 51 para. 34 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/867, art. 2(1) (with art. 17)

35(1)Paragraph 80 (time limits for assessments) is amended as follows.U.K.

(2)In sub-paragraph (1)(b), for “three years” substitute “ 4 years ”.

(3)For sub-paragraph (3) substitute—

(3)An assessment of an amount due from a person in a case involving a loss of levy—

(a)brought about deliberately by the person (or by another person acting on that person's behalf), or

(b)attributable to a failure by the person to comply with an obligation under paragraph 53 or 55,

may be made at any time not more than 20 years after the end of the accounting period to which it relates (subject to sub-paragraph (4)).

(3A)In sub-paragraph (3)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.

(4)In sub-paragraph (4)—

(a)in paragraph (a), for “three years” substitute “ 4 years ”, and

(b)omit paragraph (b) (and the “and” before it).

Commencement Information

I3Sch. 51 para. 35 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/867, art. 2(1) (with arts. 18-20)

36(1)Paragraph 108 (time limits on penalty assessments) is amended as follows.U.K.

(2)In sub-paragraph (1), for “three years” substitute “ 4 years ”.

(3)For sub-paragraph (2) substitute—

(2)An assessment of a person to a penalty in a case involving a loss of levy—

(a)brought about deliberately by the person (or by another person acting on that person's behalf), or

(b)attributable to a failure by the person to comply with an obligation under paragraph 53 or 55,

may be made at any time not more than 20 years after the conduct to which the penalty relates (subject to sub-paragraph (3)).

(2A)In sub-paragraph (2)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.

(4)In sub-paragraph (3)—

(a)in paragraph (a), for “three years” substitute “ 4 years ”, and

(b)omit paragraph (b) (and the “and” before it).

Commencement Information

I4Sch. 51 para. 36 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/867, art. 2(1) (with arts. 21-23)