The Income Tax (Payments on Account) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 838

Income Tax

The Income Tax (Payments on Account) (Amendment) Regulations 2008

Made

26th March 2008

Laid before the House of Commons

27th March 2008

Coming into force

6th April 2009

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by section 59A(1) of the Taxes Management Act 1970(1) and now vested in them(2).

Citation, commencement and effect

1.  These Regulations may be cited as the Income Tax (Payments on Account) (Amendment) Regulations 2008, shall come into force on 6^th April 2009 and shall have effect as respects the year 2009-10 and subsequent years of assessment.

Amendment of the Income Tax (Payments on Account) Regulations 1996

2.  In regulation 3 of the Income Tax (Payments on Account) Regulations 1996(3) (which prescribes the assessed amount for the purposes of section 59A(1)(c) of the Taxes Management Act 1970) for “£500” substitute “£1,000”.

Dave Hartnett

Mike Eland

Two of the Commissioners for Her Majesty’s Revenue and Customs

26th March 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 3 of the Income Tax (Payment on Account) Regulations 1996 (S.I. 1996/1654), increasing the assessed amount prescribed for the purposes of section 59A of the Taxes Management Act 1970 from £500 to £1,000 for the year of assessment 2009-10 and subsequent years of assessment. The effect is to increase to £1,000 the amount of tax which must be outstanding before a taxpayer is required to make a payment on account of income tax under section 59A of the Taxes Management Act 1970.

A full Impact Assessment was published by HM Revenue and Customs and is available on their website at www.hmrc.gov.uk/ria or from the Ministerial Correspondence Unit, HM Revenue and Customs, Yorke House, Castle Meadow, Nottingham.

(1)

1970 c. 9. Section 59A was inserted by section 192 of the Finance Act 1994 (c. 9) and relevantly amended by section 103(7) of the Finance Act 1995(c. 4), paragraph 130(a) of Part 2 of Schedule 6 to the Income Tax (Earnings and Pensions ) Act 2003 (c. 1) and paragraph 376 of Part 2 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5).

(2)

The functions of the Commissioners of Inland Revenue (“the former Commissioners”) were transferred to the Commissioners for Revenue and Customs (“the new Commissioners”) by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50 of that Act provides that, insofar as is appropriate in consequence of section 5, a reference to the former Commissioners is to be read as a reference to the new Commissioners.

(3)

S.I. 1996/1654. There are amendments, but none is relevant for present purposes.