2022 No. 1298
The Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022
Made
Laid before the House of Commons
Coming into force in accordance with article 1(2) and (3)
PART 1Introduction
Citation, commencement, effect and interpretationI11
1
This Order may be cited as the Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022.
2
This Part, Part 2, article 3(5) and article 6(1) to (3) come into force on 1st January 2023.
3
The remaining provisions of Part 3—
a
come into force immediately after the coming into force of paragraphs 15 to 29 and 35 to 38 of Schedule 27 to the Finance Act 2021 (Schedules 24 to 26: consequential provision)3 in accordance with regulation 2(3) and (4) of the Finance Act 2021 (Value Added Tax) (Penalties) (Appointed Day) Regulations 20224, and
b
have effect only—
i
in respect of amounts of value added tax payable by reference to prescribed accounting periods beginning on or after 1st January 2023;
ii
in respect of amounts assessed under sections 80(4A) and 80B of VATA 1994 (recovery of excess credit)5 which relate to value added tax payable by reference to prescribed accounting periods beginning on or after 1st January 2023;
iii
in respect of amounts recoverable under paragraph 5(2) of Schedule 11 to VATA 1994 (amounts shown on invoices as VAT), in relation to amounts shown on invoices issued on or after 1st January 2023.
PART 2Exceptions
F1Exception from section 101 of the Finance Act 2009 - late payment interest1A
1
Section 101 of the Finance Act 2009 (late payment interest on sums due to HMRC) does not apply to annual accounting scheme instalments.
2
In paragraph (1) “annual accounting scheme instalment” means an amount payable to HMRC by virtue of regulation 50(2)(a) of the VAT Regulations.
Exceptions from section 102 of the Finance Act 2009 - repayment interestI22
1
Section 102 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC)8 does not apply to an amount that is payable by HMRC to any person under the provisions listed in paragraph (2) if the amount is payable otherwise than in consequence of a return made by the person in accordance with regulation 25 of the VAT Regulations (making of returns)9.
2
The provisions referred to in paragraph (1) are—
a
section 33 of VATA 1994 (refunds of VAT in certain cases)10;
b
section 33A of VATA 1994 (refunds of VAT to museums and galleries)11;
c
section 33B of VATA 1994 (refunds of VAT to academies)12;
d
section 33C of VATA 1994 (refunds of VAT to charities within section 33D)13;
e
section 33E(2) of VATA 1994 (power to extend refunds of VAT to a specified person)14;
f
section 35 of VATA 1994 (refunds of VAT to persons constructing certain buildings)15;
g
section 36 of VATA 1994 (bad debts)16 in circumstances where the person is making the claim in accordance with regulation 166(2) of the VAT Regulations (the making of a claim to the Commissioners);
h
section 39 of VATA 1994 (repayment of VAT to those in business overseas)17;
i
paragraph 19 of Schedule 9ZA to VATA 1994 (refunds in relation to new means of transport supplied to member States)18;
j
regulation 111(5) of the VAT Regulations (exceptional claims for VAT relief)19.
PART 3Consequential amendments
Value Added Tax Act 19943
I91
VATA 1994 is amended as follows.
I92
Omit section 74 (interest on VAT recovered or recoverable by assessment).
I93
In section 76 (assessment of amounts due by way of penalty or interest)20—
a
in the heading, omit “or interest”;
b
in subsection (1)—
i
omit paragraph (c) and the “or” at the end of that paragraph;
ii
in the words after paragraph (d), omit “or interest”;
c
in subsection (3)—
i
in the opening words, omit “and interest”;
ii
omit paragraph (e) and the “and” at the end of that paragraph;
d
in subsection (4), omit “or interest” in both places;
e
in subsection (5), omit “or interest” in both places;
f
in subsection (7)—
i
in the words before paragraph (a), omit “or interest under section 74”;
ii
in paragraph (a), omit “or, as the case may be, the amount of interest”;
iii
in paragraph (b), omit “or interest”;
g
in subsection (8)—
i
in the words before paragraph (a), omit “or for interest under section 74”;
ii
omit paragraph (b) and the “or” before that paragraph;
iii
in the words after paragraph (b), omit “or, as the case may be, section 74”.
I94
In section 77 (assessments: time limits and supplementary assessments)21, in each of subsections (2), (3) and (5), omit “or interest”.
I35
After section 77 insert—
77ZALate payment interest on amounts of VAT due
Interest charged under section 101 of the Finance Act 2009 on an amount of VAT (or an amount enforceable as if it were VAT) may be enforced as if it were an amount of VAT due from the person liable for the amount on which the interest is charged.
I96
Omit section 77D (joint and several liability under section 77B or section 77BA: interest).
I97
Omit section 78 (interest in certain cases of official error).
I98
Omit section 78A (assessment for interest overpayments).
I99
Omit section 79 (repayment supplement in respect of certain delayed payments or refunds).
I910
In section 80 (credit for, or repayment of, overstated or overpaid VAT)22, omit subsection (4C).
I911
In section 80B (assessments of amounts due under section 80A arrangements)—
a
omit subsection (2);
b
at the end insert—
3
An assessment made under subsection (1) above may not be made more than two years after the time when evidence of facts sufficient in the opinion of the Commissioners to justify the making of the assessment comes to the knowledge of the Commissioners.
I912
After section 80B insert—
80CAssessed amounts of overpayments etc deemed to be amounts of VAT
1
Where an amount has been assessed and notified to a person under section 80(4A) or 80B(1), that amount is deemed (subject to the provisions of this Act as to appeals) to be an amount of VAT due from that person and may be recovered accordingly.
2
Subsection (1) does not have effect if or to the extent that the assessment in question has been withdrawn or reduced.
3
An assessment under section 80(4A) or 80B(1) is a recovery assessment for the purposes of section 84(3A)23.
4
Section 77(6) applies in relation to an assessment under section 80(4A) or 80B(1) as it applies in relation to an assessment under section 7324 or 76.
5
For the purposes of an assessment under section 80(4A) or 80B(1), notification to a person mentioned in subsection (6) (a “relevant person”) is treated as notification to the person in relation to whom the relevant person acts.
6
The persons mentioned in this subsection are—
a
a personal representative;
b
a trustee in bankruptcy;
c
a trustee in sequestration;
d
a receiver;
e
a liquidator;
f
a person otherwise acting in a representative capacity in relation to another.
I913
In section 83 (appeals)25, in subsection (1)—
a
in paragraph (q), omit “or interest”;
b
omit paragraphs (s) and (sa).
I914
In section 85A (payment of tax on determination of appeal)26—
a
in subsection (2), in the words after paragraph (b), omit the words from “with interest” to the end of that subsection;
b
in subsection (3), in the words after paragraph (b), omit the words from “with interest” to the end of that subsection;
c
omit subsections (4) and (5).
I915
In section 97 (orders, rules and regulations), in subsection (5), omit paragraph (a) and the “or” at the end of that paragraph.
I916
In Schedule 9ZA (VAT on acquisitions in Northern Ireland from member States), omit paragraph 30 (interest on VAT).
I917
In Schedule 9A (anti-avoidance provisions: groups)27, in paragraph 6 (assessment in consequence of a direction)—
a
for sub-paragraph (9) substitute—
9
Section 77(6) applies in relation to an assessment under this paragraph as it applies in relation to an assessment under section 73 or 76.
b
omit sub-paragraph (10).
Income Tax (Trading and Other Income) Act 2005I44
1
The Income Tax (Trading and Other Income) Act 200528 is amended as follows.
2
In section 54 (penalties and interest)29, in the table in subsection (2), in the entry for interest under section 74 or 85A of VATA 1994, for the first column substitute “Interest under section 101 of FA 2009 in respect of an amount of value added tax”
.
3
Omit section 777 (VAT repayment supplements).
4
In section 869 (penalties and interest: non-trades etc)30, in the table in subsection (4), in the entry for interest under section 74 or 85A of VATA 1994, for the first column substitute “Interest under section 101 of FA 2009 in respect of an amount of value added tax”
.
Corporation Tax Act 2009I55
1
The Corporation Tax Act 200931 is amended as follows.
2
Omit section 1286 (VAT repayment supplements).
3
In section 1303 (penalties and interest)32, in the table in subsection (2), in the entry for interest under section 74 of VATA 1994, for the first column substitute “Interest under section 101 of FA 2009 in respect of an amount of value added tax”
.
Value Added Tax Regulations 1995I66
I61
The VAT Regulations are amended as follows.
I63
After regulation 184K (modification of regulation 173O)34, insert—
184KA
In regulation 173W(3)35, for “section 78 of the Act” read “section 102(3) of the Finance Act 2009”.
184KB
For regulation 173X36 read—
173X
1
Where—
a
any amount has been paid to any person by way of interest under regulation 173W, but
b
that person was not entitled to that amount under that regulation,
the amount to which the person was not entitled shall be treated as if it were an amount of repayment interest recoverable as late payment interest under paragraph 6 of Schedule 54A to the Finance Act 2009 (certain amounts of repayment interest recoverable as late payment interest)37.
2
For the purpose of this regulation the requirement to meet Conditions A to C in paragraph 7 of Schedule 54A is to be treated as met.
I104
Omit regulations 198 (computation of period) and 199 (duration of period).
The Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019I77
1
The Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 201938 are amended as follows.
2
Omit regulation 8 (interest in cases of official error).
3
In regulation 10(1) (appeals), omit sub-paragraph (a).
The Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 2020I88
1
The Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 202039 is amended as follows.
2
In regulation 8 (application with modifications of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019)—
a
omit sub-paragraph (a);
b
in sub-paragraph (b), for “regulation 10(1)(a) and (2)” substitute “regulation 10(2)”
.
(This note is not part of the Order)