SCHEDULES

SCHEDULE 51Time limits for assessments, claims etc

Aggregates levy

27

Part 2 of FA 2001 (aggregates levy) is amended as follows.

28

In section 32(1) (repayments of overpaid aggregates levy), for “three years” substitute “ 4 years ”.

Annotations:
Commencement Information

I1Sch. 51 para. 28 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/867, art. 2(1) (with art. 8)

29

(1)

Paragraph 4 of Schedule 5 (time limits for assessments) is amended as follows.

(2)

In sub-paragraph (1)(b), for “three years” substitute “ 4 years ”.

(3)

For sub-paragraph (3) substitute—

“(3)

An assessment of an amount due from a person in a case involving a loss of aggregates levy—

(a)

brought about deliberately by the person (or by another person acting on that person's behalf), or

(b)

attributable to a failure by the person to comply with an obligation under section 24(2) or paragraph 1 of Schedule 4,

may be made at any time not more than 20 years after the end of the accounting period to which it relates (subject to sub-paragraph (4)).

(3A)

In sub-paragraph (3)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.”

(4)

In sub-paragraph (4)—

(a)

in paragraph (a), for “three years” substitute “ 4 years ”, and

(b)

omit paragraph (b) (and the “and” before it).

Annotations:
Commencement Information

I2Sch. 51 para. 29 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/867, art. 2(1) (with arts. 10-12)

30

In paragraph 2(10) of Schedule 8 (interest payable by Commissioners), for “three years” substitute “ 4 years ”.

Annotations:
Commencement Information

I3Sch. 51 para. 30 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/867, art. 2(1) (with art. 9)

31

(1)

Paragraph 4 of Schedule 10 (time limits on penalty assessments) is amended as follows.

(2)

In sub-paragraph (1), for “three years” substitute “ 4 years ”.

(3)

For sub-paragraph (2) substitute—

“(2)

An assessment of a person to a civil penalty in a case involving a loss of aggregates levy—

(a)

brought about deliberately by the person (or by another person acting on that person's behalf), or

(b)

attributable to a failure by the person to comply with an obligation under section 24(2) or paragraph 1 of Schedule 4,

may be made at any time not more than 20 years after the conduct to which the penalty relates (subject to sub-paragraph (3)).

(2A)

In sub-paragraph (2)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.”

(4)

In sub-paragraph (3)—

(a)

in paragraph (a), for “three years” substitute “ 4 years ”, and

(b)

omit paragraph (b) (and the “and” before it).