The Income Tax (Pay As You Earn) Regulations 2003

Interest on tax overdue U.K.

82.—(1) This regulation applies if an employer has not paid to the Inland Revenue the total net tax payable in respect of a tax year by the reckonable date.

(2) Any unpaid tax carries interest at the prescribed rate from the reckonable date until payment (“the interest period”).

(3) Paragraph (2) applies even if the reckonable date is a non-business day as defined by section 92 of the Bills of Exchange Act 1882(1).

(4) But paragraph (2) does not apply to any tax which the employer does not have to pay as a result of a direction made under regulation 72(5) or 81(4).

(5) Any change made to the prescribed rate during the interest period applies to the unpaid tax from the date of the change.

(6) The “total net tax payable” in respect of a tax year is—

(a) the total of any amounts payable by the employer under regulation 68 for tax periods in the tax year, less

(b) the total of any amounts recoverable from the Board of Inland Revenue under regulation 68(3)(b) for those tax periods.

(7) The “prescribed rate” means the rate applicable under section 178 of the Finance Act 1989(2) for the purposes of section 86 of TMA.

(8) [F1 Except where tax is due in respect of a closed tax year by virtue of a retrospective tax provision,] the “reckonable date” means—

(a) 17 days after the end of the tax year, if payment is made using an approved method of electronic communications, or

(b) 14 days after the end of the tax year, in any other case.

[F2 (9) Where tax is due in respect of a closed tax year by virtue of a retrospective tax provision, the “reckonable date” means 14 days after the end of the tax month following that in which the retrospective tax provision is passed.]

Textual Amendments

F1 Words in reg. 82(8) inserted (6.4.2007) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2007 (S.I. 2007/1077), regs. 1, 16(2)

F2 Reg. 82(9) added (6.4.2007) by The Income Tax (Pay as You Earn) (Amendment) Regulations 2007 (S.I. 2007/1077), regs. 1, 16(3)

Commencement Information

I1 Reg. 82 in force at 6.4.2004, see reg. 1

(1)

1882 c. 61; section 92 was amended by sections 3(1) and 4(4) of the Banking and Financial Dealings Act 1971 (c. 80).

(2)

1989 c. 26, to which there are amendments not relevant to these Regulations.