PART 11

SUPPLEMENTARY PROVISIONS

Miscellaneous appeals

Appeals: supplementary provisionsI4217

1

The following provisions of TMA apply to appeals under the regulations listed in paragraph (2) as they apply to an appeal under section 31 of TMA93

section 31A(5) F4...

notice of appeal

F2. . .

F2. . .

F2. . .

F2. . .

2

The regulations are—

regulation 99(3)

appeal against improper purpose notice

regulation 200(3)

appeal against e-payment notice

regulation 202(2)

appeal against default notice

regulation 208(2)

appeal against e-filing notice.

F13

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

F14

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

Certificate that sum due and payment by cheque

Certificate that sum dueI1218

1

A certificate of F9HMRC that, to the best of their knowledge and belief, any amount shown in a certificate under the regulations listed in paragraph (2) has not been paid by an employer, is sufficient evidence that the amount mentioned in the certificate is unpaid and due to the Crown.

2

The regulations are—

regulation 76

unpaid amounts in regulation 73 return (Form P35)

regulation 77(6)

unpaid amounts in regulation 77 return

regulation 78(8)

unpaid amounts from regulation 78 specification

regulation 79

unpaid amounts following inspection under F3Schedule 36 to the Finance Act 2008.

F52A

HMRC may prepare a certificate showing the whole or any part of a combined amount which includes tax without specifying the components of the combined amount.

Paragraph (1) shall apply with any necessary modifications to the certificate.

3

A certificate of F6HMRC that, to the best of their knowledge and belief, any amount of interest payable under the regulations listed in paragraph (4) has not been paid by an employer or employee is sufficient evidence that the amount mentioned in the certificate is unpaid and due to the Crown.

4

The regulations are—

regulation 72(7)

interest consequential on regulation 72 direction

regulation 81(6)

interest consequential on regulation 81 direction

regulation 82

interest on overdue tax

regulation 115

interest on tax overdue under PSA.

F74A

HMRC may prepare a certificate showing the total amount of interest payable in respect of the whole or any part of the combined amount without specifying which components of the combined amount the interest relates to.

Paragraph (3) shall apply with any necessary modifications to the certificate.

5

The production of—

a

the return made by the employer under paragraph (4) of regulation 77 (return and certificate if tax unpaid), and

b

the certificate of F8HMRC under paragraph (6) of that regulation,

is sufficient evidence that the amount shown in the certificate is the amount of tax which the employer is liable to pay to F8HMRC in respect of the tax period in question under that regulation.

6

A document which purports to be a certificate under F10this regulation, or regulation 77(6), is treated as such a certificate until the contrary is proved.

Payment by chequeI2219

1

For the purposes of the following provisions, if—

a

any payment to the Inland Revenue is made by cheque, and

b

the cheque is paid on its first presentation to the banker on whom it is drawn,

the payment is treated as made on the day on which the cheque was received by the Inland Revenue.

2

The provisions are—

regulation 69

due date and receipts for payments of tax

regulation 72

recovery from employee of tax not deducted by employer

regulation 78

notice and certificate if tax may be unpaid

regulation 82

interest on tax overdue

regulation 83(2)(b)

interest on tax overpaid: date of overpayment

regulation 115

interest on tax due under PSA

regulation 116

interest due on tax overpaid under PSA.

Annotations:
Commencement Information
I2

Reg. 219 in force at 6.4.2004, see reg. 1

Transitional provisions, savings and revocations

Transitional provisions, savings and revocationsI3220

1

Schedule 1 (transitional provisions and savings) has effect.

2

The regulations listed in column 1 of Schedule 2 are revoked to the extent specified in column 3 of that Schedule.

3

Paragraph (2) is subject to Schedule 1.