6(1)For subsection (4) of section 19 of the 1985 Act (amount of surcharge) there shall be substituted the following subsection—
“(4)Subject to subsections (6) to (9) below, if a taxable person on whom a surcharge liability notice has been served—
(a)is in default in respect of a prescribed accounting period ending within the surcharge period specified in (or extended by) that notice, and
(b)has outstanding tax for that prescribed accounting period,
he shall be liable to a surcharge equal to whichever is the greater of the following, namely, the specified percentage of his outstanding tax for that prescribed accounting period and £30.”
(2)In subsection (5) of that section (specified percentages for default surcharge)—
(a)for “subsection (4)(a) above” there shall be substituted “ subsection (4) above ”, and
(b)after “surcharge period” there shall be inserted “ and for which he has outstanding tax ”.
(3)After subsection (5) of that section there shall be inserted the following subsection—
“(5A)For the purposes of subsections (4) and (5) above a person has outstanding tax for a prescribed accounting period if some or all of the tax for which he is liable in respect of that period has not been paid by the last day on which he is required (as mentioned in subsection (1) above) to make a return for that period; and the reference in subsection (4) above to a person’s outstanding tax for a prescribed accounting period is to so much of the tax for which he is so liable as has not been paid by that day.”
(4)This paragraph shall apply in relation to any case where a person—
(a)is in default for the purposes of section 19 of the 1985 Act in respect of a prescribed accounting period ending within a surcharge period, and
(b)is so in default because of a failure of the Commissioners of Customs and Excise to receive a return, or an amount of tax, on or before a day falling on or after 30th September 1993.