C2C9C10C11C13C14C14C15F1PART VA Payment of Tax

Annotations:
Amendments (Textual)
F1

Pt. 5A inserted (with effect in accordance with s. 199(2)(3) of the amending Act) by Finance Act 1994 (c. 9), s. 192 (with s. 198(1)); S.I. 1998/3173, art. 2

Modifications etc. (not altering text)
C2

Pt. 5A modified (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 18 para. 39(2)(a) (with Sch. 18 para. 59(2)); S.I. 1998/3173, art. 2

C9

Pt. 5A applied (with modifications) (E.W.S.) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), reg. 62(4) (as amended (with application in accordance with reg. 1(2) of the amending S.I.) by S.I. 2010/661, regs. 1(1), 5)

C10

Pt. 5A applied in part (with modifications) by the Social Security Contributions and Benefits Act 1992 (c. 4), s. 11A(1)-(3) (as substituted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para 3)

C11

Pt. 5A applied in part (with modifications) by the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 11A(1)-(3) (as substituted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para 12)

C13

Pt. 5A applied (with modifications) (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 79(4)

C14

Pts. 4-6 applied (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 9(3)

C15

Pt. 5A applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(2)

F8Income tax and capital gains tax

Annotations:
Amendments (Textual)
F8

S. 59A cross-heading inserted (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), Sch. 19 para. 29(1); S.I. 1998/3173, art. 2

C1C7C8C1259BF2Payment of income tax and capital gains taxF22: assessments other than simple assessments.

1

Subject to subsection (2) below, the difference between—

a

the amount of income tax and capital gains tax contained in a person’s self-assessment under section 9 of this Act for any year of assessment, and

b

the aggregate of any payments on account made by him in respect of that year (whether under section 59A F26of this Act or under Schedule 2 to the Finance Act 2019 or otherwise) and any income tax which in respect of that year has been deducted at source,

shall be payable by him or (as the case may be) repayable to him as mentioned in subsection (3) or (4) below F7but nothing in this subsection shall require the repayment of any income tax treated as deducted or paid by virtue of section F16... 246D(1) F16... F11of the principal ActF17, section 626 of ITEPA 2003 or section 399(2) F20... or 530(1) of ITTOIA 2005.

2

The following, namely—

a

any amount which, in the year of assessment, is deducted at source under F12PAYE regulations in respect of a previous year, and

b

any amount which, in respect of the year of assessment, is to be deducted at source under F14PAYE regulations in a subsequent year, F21...

shall be respectively deducted from and added to the aggregate mentioned in subsection (1)(b) above.

F272A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In a case where the person—

a

gave the notice required by section 7 of this Act within six months from the end of the year of assessment, but

b

was not given notice under section 8 or 8A of this Act until after the 31st October next following that year,

the difference shall be payable or repayable at the end of the period of three months beginning with the day on which the notice under section 8 or 8A was given.

4

In any other case, the difference shall be payable or repayable on or before the 31st January next following the year of assessment.

F194ZA

In a case in which the notice required by section 7 was given following the receipt of a notice under section 8B, subsections (3) and (4) apply as if—

a

the reference to the notice required by section 7 were a reference to the original notice required by that section, and

b

the references to notice under section 8 or 8A were references to the original notice under that section.

4ZB

In subsection (4ZA) the references to original notices are to notices given before the notice under section 8B.

C3C4F64A

Where in the case of a repayment the return on the basis of which the person’s self-assessment was made under section 9 of this Act is enquired into by an officer of the Board—

a

nothing in subsection (3) or (4) above shall require the repayment to be made before the day on which, by virtue of section F2428A(1B) of this Act, F9the enquiry is completed; but

b

the officer may at any time before that day make the repayment, on a provisional basis, to such extent as he thinks fit.

C3C4F105

An amount of tax which is payable or repayable as a result of the amendment or correction of a self-assessment under—

a

section 9ZA, 9ZB, 9C or 28A of this Act (amendment or correction of return under section 8 or 8A of this Act), or

b

section F2512ABZB(8), 12ABA(3)(a), 12ABB(6)(a), 28B(4)(a), 30B(2)(a), 33A(4)(a) or 50(9)(a) of this Act (amendment of partner’s return to give effect to amendment or correction of partnership return),

is payable (or repayable) on or before the day specified by the relevant provision of Schedule 3ZA to this Act.

C5C6F55A

Where a determination under section 28C of this Act which has effect as a person’s self-assessment is superseded by his self-assessment under section 9 of this Act, any amount of tax which is payable or repayable by virtue of the supersession shall be payable or (as the case may be) repayable on or before the day given by subsection (3) or (4) above.

C3C46

Any amount of income tax or capital gains tax which is payable by virtue of an assessment made F3otherwise than under section 9F23, 28H or 28I of this Act shall, unless otherwise provided, be payable on the day following the end of the period of 30 days beginning with the day on which the notice of assessment is given.

C5C67

In this section any reference to income tax deducted at source is a reference to income tax deducted or treated as deducted from any income or treated as paid on any income.

F18But such a reference does not include income tax repaid on a claim for repayment of income tax which—

a

is treated as having been paid by virtue of section 520(4) of ITA 2007 (gift aid relief: income tax treated as paid by trustees of charitable trust), or

b

has been deducted at source from income to which section 532, 533, 536 or 537 of that Act (certain sources of income exempt from income tax) applies.

C5C6F48

F13PAYE regulations may provide that, for the purpose of determining the amount of the difference mentioned in subsection (1) above, any necessary adjustments in respect of matters prescribed by the regulations shall be made to the amount of tax deducted at source under F15PAYE regulations.