Finance Act 2009, Paragraph 8 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F18(1)This paragraph applies where there is a common period in relation to a person (see sub-paragraph (2)).U.K.
(2)A common period in relation to a person is any period during which—
[F2(a)an amount (“the overdue payment”) that is, or relates to, value added tax—
(i)is due and payable by the person, and
(ii)carries late payment interest, and
(b)an amount (“the relevant amount”) that is, or relates to, value added tax—
(i)is payable to the person, and
(ii)carries repayment interest.]
(3)[F3In respect of] the common period—
(a)the overdue payment is to be treated as carrying late payment interest only on the amount (if any) by which the overdue payment exceeds the [F4relevant amount], and
(b)the [F5relevant amount] is to be treated as carrying repayment interest only on the amount (if any) by which the [F5relevant amount] exceeds the overdue payment.]
[F6(4)An amount of repayment interest that—
(a)has been paid to a person, but
(b)as a result of sub-paragraph (3)(b), ought not to have been paid,
may be recovered from the person as if it were late payment interest.]
Textual Amendments
F1Sch. 54A Pt. 2 inserted (1.1.2023) by Finance Act 2021 (c. 26), s. 120(2), Sch. 29 para. 4(3); S.I. 2022/1277, reg. 2(2)(a) (with reg. 3)
F2Sch. 54A para. 8(2)(a)(b) substituted (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 23(4)(c)(i)
F3Words in Sch. 54A para. 8(3) substituted (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 23(4)(c)(ii)
F4Words in Sch. 54A para. 8(3)(a) substituted (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 23(4)(c)(iii)
F5Words in Sch. 54A para. 8(3)(b) substituted (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 23(4)(c)(iii)
F6Sch. 54A para. 8(4) inserted (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2024 (c. 12), s. 23(4)(c)(iv)
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