(1)Subject to section 76(8), where an assessment is made under any provision of section 73 and, in the case of an assessment under section 73(1) at least one of the following conditions is fulfilled, namely—
(a)the assessment relates to a prescribed accounting period in respect of which either—
(i)a return has previously been made, or
(ii)an earlier assessment has already been notified to the person concerned,
(b)the assessment relates to a prescribed accounting period which exceeds 3 months and begins on the date with effect from which the person concerned was, or was required to be, registered,
(c)the assessment relates to a prescribed accounting period at the beginning of which the person concerned was, but should no longer have been, exempted from registration under paragraph 14(1) of Schedule 1 or [F1, under paragraph 8 of Schedule 3 or under paragraph 7 of Schedule 3A],
the whole of the amount assessed shall, subject to subsection (3) below, carry interest at [F2the rate applicable under section 197 of the Finance Act 1996] from the reckonable date until payment.
(2)In any case where—
(a)the circumstances are such that an assessment falling within subsection (1) above could have been made, but
(b)before such an assessment was made the VAT due or other amount concerned was paid (so that no such assessment was necessary),
the whole of the amount paid shall, subject to subsection (3) below, carry interest at [F3the rate applicable under section 197 of the Finance Act 1996] from the reckonable date until the date on which it was paid.
(3)Where (apart from this subsection)—
(a)the period before the assessment in question for which any amount would carry interest under subsection (1) above; or
(b)the period for which any amount would carry interest under subsection (2) above,
would exceed 3 years, the part of that period for which that amount shall carry interest under that subsection shall be confined to the last 3 years of that period.
(4)Where an unauthorised person, as defined in section 67(2), issues an invoice showing an amount as being VAT or as including an amount attributable to VAT, the amount which is shown as VAT or, as the case may be, is to be taken as representing VAT shall carry interest at [F4the rate applicable under section 197 of the Finance Act 1996] from the date of the invoice until payment.
(5)The references in subsections (1) and (2) above to the reckonable date shall be construed as follows—
(a)where the amount assessed or paid is such an amount as is referred to in section 73(2)(a) or (b), the reckonable date is the seventh day after the day on which a written instruction was issued by the Commissioners directing the making of the payment of the amount which ought not to have been repaid or paid to the person concerned; and
(b)in all other cases the reckonable date is the latest date on which (in accordance with regulations under this Act) a return is required to be made for the prescribed accounting period to which the amount assessed or paid relates; and
(c)in the case of an amount assessed under section 73(7) the sum assessed shall be taken for the purposes of paragraph (b) above to relate to the period for which the assessment was made;
and interest under this section shall run from the reckonable date even if that date is a non-business day, within the meaning of section 92 of the M1Bills of Exchange Act 1882.
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Interest under this section shall be paid without any deduction of income tax.
Textual Amendments
F1Words in s. 74(1)(c) substituted (28.7.2000 with effect as mentioned in s. 136(10) of the amending Act) by 2000 c. 17, s. 136(5)
F2Words in s. 74(1) substituted (1.4.1997 with effect as mentioned in s. 197(7) of the amending Act) by 1996 c. 8, s. 197(6)(d)(i)(7); S.I. 1997/1015, art. 2
F3Words in s. 74(2) substituted (1.4.1997 with effect as mentioned in s. 197(7) of the amending Act) by 1996 c. 8, s. 197(6)(d)(i)(7); S.I. 1997/1015, art. 2
F4Words in s. 74(4) substituted (1.4.1997 with effect as mentioned in s. 197(7) of the amending Act) by 1996 c. 8, s. 197(6)(d)(i)(7); S.I. 1997/1015, art. 2
F5S. 74(6) repealed (1.4.1997 with effect as mentioned in s. 197(7) of the amending Act) by 1996 c. 8, s. 205, Sch. 41 Pt. VIII Note; S.I. 1997/1015, art. 2
Modifications etc. (not altering text)
C1S. 74 modified (6.2.1996) by S.I. 1996/165, art. 2
S. 74 power to amend (1.4.1997) by 1996 c. 8, s. 197(2)(c)(7); S.I. 1997/1015, art. 2
Marginal Citations