PART 3Annual tax on enveloped dwellings

Administration and payment of tax

158Responsibility for collection and management

The Commissioners for Her Majesty's Revenue and Customs are responsible for the collection and management of annual tax on enveloped dwellings.

159Annual tax on enveloped dwellings return

(1)

Where tax is charged on a person for a chargeable period with respect to a single-dwelling interest the person must deliver a return for the period with respect to the interest.

(2)

A return under subsection (1) must be delivered by the end of the period of 30 days beginning with first day in the period on which the person is within the charge with respect to the interest.

(3)

If the first day in the chargeable period on which the person is within the charge with respect to the interest (“day 1”) is a valuation date only because of section 124 (new dwellings) or section 125 (dwellings produced from other dwellings)—

(a)

subsection (2) does not apply, and

(b)

the return must be delivered by the end of the period of 90 days beginning with day 1.

(4)

A return under this section must be delivered to an officer of Revenue and Customs, and is called an “annual tax on enveloped dwellings return”.

160Return of adjusted chargeable amount

(1)

A person on whom tax is charged for a chargeable period with respect to a single-dwelling interest must deliver a further return for the period with respect to the interest if the first or second condition is met.

(2)

The return must be delivered by the end of the period of 30 days beginning with the first day of the period following the period for which the tax is charged (but see subsection (3)).

(3)

If the return is required because the second condition is met and the adjusted chargeable amount is affected by an event that has occurred after the end of the chargeable period mentioned in subsection (1), the return must be delivered by the end of the period of 30 days beginning with the day on which that event occurred.

(4)

The first condition is that—

(a)

the person has not made a claim under section 100 (interim relief) with respect to the interest for the chargeable period, and

(b)

the adjusted chargeable amount is greater than the amount charged under section 99 with respect to the single-dwelling interest for the period.

(5)

The second condition is that—

(a)

the person has made one or more claims under section 100 with respect to the interest for the chargeable period, and

(b)

the sum of amounts A and B, as calculated under that section, in connection with the last of those claims is less than the adjusted chargeable amount.

(6)

A return under this section must be delivered to an officer of Revenue and Customs, and is called a “return of the adjusted chargeable amount”.

161Return to include self assessment

(1)

A return must include a self assessment.

(2)

In subsection (1) “return” means—

(a)

an annual charge on enveloped dwellings return, or

(b)

a return of the adjusted chargeable amount.

(3)

In the case of an annual tax on enveloped dwellings return, “self assessment” means an assessment of—

(a)

the amount of tax to which the person is chargeable under section 99 for the period in respect of the interest, and

(b)

if the return includes a claim under section 100 (interim relief), the tax payable after the relief.

(4)

In the case of a return of the adjusted chargeable amount, “self assessment” means an assessment of—

(a)

the adjusted chargeable amount, and

(b)

the additional tax payable in accordance with section 163(2).

(5)

A self assessment must include a statement of the amount taken to be the market value of the interest on each valuation date (earlier than the date on which the return is delivered) that is relevant for the purposes of the assessment.

162Returns, enquiries, assessments and other administrative matters

(1)

Schedule 33 contains provision about returns, enquiries and related matters.

(2)

The Treasury may by regulations—

(a)

make any amendments of Schedule 33 that they may at any time think appropriate;

(b)

make any amendment of any other provision of this Part that may be necessary in consequence of provision under paragraph (a).

163Payment of tax

(1)

Tax charged on a person under section 99 for a chargeable period with respect to a single-dwelling interest must be paid not later than the filing date for the annual tax on enveloped dwellings return required to be made for the period with respect to the interest.

(2)

So far as a chargeable person's adjusted chargeable amount for a chargeable period with respect to a single-dwelling interest exceeds the amount payable under subsection (1) (as modified, where applicable, by section 100(3)), the amount of the difference must be paid not later than the filing date for the return of the adjusted chargeable amount under section 160.

(3)

Tax payable as a result of the amendment of a return must be paid—

(a)

immediately, or

(b)

if the amendment is made on or before the filing date for the return, not later than that date.

(4)

In subsection (3) “return” means—

(a)

an annual tax on enveloped dwellings return, or

(b)

a return of the adjusted chargeable amount.

(5)

Tax payable in accordance with a determination or assessment by an officer of Revenue and Customs must be paid within the period of 30 days beginning with the day on which the determination or assessment is issued.

164Information and enforcement

In Schedule 34—

(a)

Part 1 contains provision about information and inspection powers, and

(b)

Part 2 contains provision about penalties.

165Collection and recovery of tax etc

(1)

Schedule 12 to FA 2003 (stamp duty land tax: collection and recovery of tax) has effect in relation to the collection and recovery of tax under this Part as it has effect in relation to stamp duty land tax.

(2)

The reference in subsection (1) to tax under this Part includes any unpaid penalty or interest under this Part.