Finance Act 2009 (c. 10)

SCHEDULES

SCHEDULE 53 U.K. Late payment interest

Commencement Information

I1 Sch. 53 in force at 31.8.2010 for specified purposes by S.I. 2010/1878, art. 2 (with art. 3)

I2 Sch. 53 in force at 6.10.2011 for specified purposes by S.I. 2011/2391, art. 2(c)

I3 Sch. 53 in force at 31.10.2011 for specified purposes by S.I. 2011/701, art. 3(1) (with art. 4)

I4 Sch. 53 in force at 1.2.2013 for specified purposes by S.I. 2013/67, art. 2

I5 Sch. 53 in force at 1.4.2013 for specified purposes by S.I. 2013/280, art. 2

I6 Sch. 53 in force at 1.10.2013 for specified purposes by S.I. 2013/2472, art. 2

I7 Sch. 53 in force at 6.5.2014 for specified purposes by S.I. 2014/992, art. 3(1)

I8 Sch. 53 in force retrospectively at 6.5.2014 for further specified purposes by Finance Act 2019 (c. 1), s. 88(6)

I9 Sch. 53 in force at 1.1.2015 for specified purposes by S.I. 2014/3269, art. 4(1) (with art. 4(2))

I10 Sch. 53 in force at 1.1.2015 for specified purposes by S.I. 2014/3324, art. 3

I11 Sch. 53 in force at 1.4.2015 for specified purposes by S.I. 2015/974, art. 2

I12 Sch. 53 in force at 6.4.2018 for specified purposes by S.I. 2018/468, art. 2(a)

I13 Sch. 53 in force at 6.4.2019 for specified purposes by 2019 c. 1, Sch. 2 para. 31

I14 Sch. 53 in force at 1.6.2019 for specified purposes by S.I. 2019/918, art. 2

I15 Sch. 53 in force at 1.6.2019 for specified purposes by S.I. 2019/921, art. 2

I16 Sch. 53 in force at 6.9.2019 for specified purposes by S.I. 2019/1238, art. 2 (with art. 3)

I17 Sch. 53 in force at 5.10.2020 for specified purposes by S.I. 2020/979, art. 3(1)

I18 Sch. 53 in force at 6.4.2021 for specified purposes by S.I. 2021/445, reg. 2;

Sch. 53 in force at 6.4.2021 for specified purposes by 2020 c. 14, Sch. 1 para. 29 (with Sch. 1 paras. 30-34);

Sch. 53 in force retrospectively at 6.4.2021 for specified purposes by 2022 c. 3, Sch. 10 para. 29

I19 Sch. 53 in force at 1.4.2022 for specified purposes by S.I. 2021/1409, reg. 2(a)

I20 Sch. 53 in force at 1.1.2023 for specified purposes by S.I. 2022/1277, reg. 2(2)(b) (with reg. 3)

I21 Sch. 53 in force at 1.5.2023 for specified purposes by S.I. 2023/385, art. 2

I22 Sch. 53 in force at 30.9.2023 for specified purposes by S.I. 2023/997, art. 2

I23 Sch. 53 in force at 4.3.2024 for specified purposes by S.I. 2024/133, art. 2

Part 2 U.K. Special provision: late payment interest start date

Modifications etc. (not altering text)

C1 Sch. 53 Pt. 2 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 30(2)

Amendments and discovery assessments etc U.K.

3 (1) This paragraph applies to any amount which is due and payable as a result of— U.K.

(a) an amendment or correction to an assessment or self-assessment (“assessment A”),

(b) an assessment made by HMRC in place of or in addition to an assessment (“assessment A”) which was made by a taxpayer, or

(c) an assessment made by HMRC in place of an assessment (“assessment A”) which ought to have been made by a taxpayer.

(2) The late payment interest start date in respect of that amount is the date which would have been the late payment interest start date if—

(a) assessment A had been complete and accurate and had been made on the date (if any) by which it was required to be made, and

(b) accordingly, the amount had been due and payable as a result of assessment A.

(3) In the case of a person (“P”) who failed to give notice [F1 in accordance with a requirement] under section 7 of TMA 1970 (notice of liability to tax) [F2 that arose by virtue of subsection (1A) of that section], the reference in sub-paragraph (1)(c) to an assessment which ought to have been made by P is a reference to the assessment which P would have been required to make if an officer of Revenue and Customs had given notice under section 8 of that Act.

(4) In this paragraph “assessment” means any assessment or determination (however described) of any amount due and payable to HMRC.

Textual Amendments

F1 Words in Sch. 53 para. 3(3) substituted (with effect in accordance with Sch. 51 para. 9 of the amending Act) by Finance Act 2013 (c. 29), Sch. 51 para. 7(2)(a)

F2 Words in Sch. 53 para. 3(3) inserted (with effect in accordance with Sch. 51 para. 9 of the amending Act) by Finance Act 2013 (c. 29), Sch. 51 para. 7(2)(b)

Modifications etc. (not altering text)

C2 Sch. 53 paras. 3, 4 applied (19.4.2013) by The Small Charitable Donations Regulations 2013 (S.I. 2013/938), regs. 1, 14