The Customs (Import Duty) (EU Exit) Regulations 2018 No. 1248

PART 7 U.K. Remission and repayment of import duty

Modifications etc. (not altering text)

C1 Pts. 1-10 applied (with modifications) (31.12.2020) by The Customs (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1605), regs. 1(1), 32; S.I. 2020/1643, reg. 2, Sch.

CHAPTER 4 U.K. Post-application

Interest payable by HMRC U.K.

68.—(1) Paragraph (2) applies where—

(a) an application for repayment of duty is made;

(b) a period of 30 working days has expired since the date that a determination to grant the application has effect as provided by regulation 64(3);

(c) HMRC has failed to pay some or all of the repayment; and

(d) that failure is substantially the fault of HMRC.

(2) HMRC must pay interest at the applicable rate on the amount of the unpaid repayment for the period—

(a) beginning with the day after the date on which the 30 working days period described in paragraph (1)(b) expires; and

(b) ending with the date on which the amount is paid in full.

(3) In paragraph (2), “the applicable rate” means the rate of interest provided by regulations for the purposes of section 197(2)(f) of the Finance Act 1996 M1 .

Commencement Information

I1 Reg. 68 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.

Marginal Citations

M1 1996 c. 8. At the time these Regulations are made, the rate is provided by regulation 5(1)(e) of S.I. 1998/1461 as 5% per annum. Regulation 5 was substituted by S.I. 2001/631 and regulation 5(1)(e) amended by S.I. 2003/230.