EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order appoints 6th April 2011 as the day on which the penalty regime for failure to make returns in Schedule 55 to the Finance Act 2009 comes into force in respect of income tax self assessment returns. Those returns affected are those required to be made or delivered to HMRC in relation to the tax year 2010-11 or any subsequent tax year.
Article 2 of this Order also appoints 1st April 2011 as the day on which the penalty regime for failure to make returns in Schedule 55 to the Finance Act 2009 comes into force in respect of pension scheme returns. Section 254 of the Finance Act 2004 requires a scheme administrator of a registered pension scheme to make returns to HMRC of the income tax to which the scheme administrator is liable. The pension scheme returns affected are those to be made under section 254 in respect to a return period ending on or after 31st March 2011.
Article 3 appoints 6th April 2011 as the day on which the penalty regime for failure to make payments on time in Schedule 56 to the Finance Act 2009 comes into force in respect of the amounts of tax falling within the income tax self assessment regime. Those amounts of tax affected are those which are payable in relation to the tax year 2010-11 or any subsequent tax year.
Articles 4 to 19 provide for consequential amendments and the repeal of the existing penalty regimes for failure to make income tax self assessment returns, failure to make pension scheme returns and failure to pay amounts of tax within the income tax self assessment regime.
Articles 20 and 21 provide that returns and amounts of tax within the income tax self assessment regime in relation to the tax year 2009-10 or any previous tax year, and pension scheme returns in relation to return periods ending on or before 31st December 2010, will be dealt with under the pre Finance Act 2009 penalty regimes.
Article 22 provides that the existing penalty regime will continue to apply for the purposes of regulation 20 of the Stamp Duty Reserve Tax Regulations 1986.
A full Impact Assessment of the effect that the interest harmonisation and late filing and late payment penalties reform will have on the costs of business and the voluntary sector was published by HMRC on 14 April 2009 and is available at http:/www.hmrc.gov.uk/better-regulation/ia.htm.