| Extra Statutory Concession A17 - Obsolete | Explains calculation of interest for Executors etc where a taxpayer dies before the due date of tax - Replaced by Schedule 53, part 2, section 12 Finance Act 2009 |
| Section 28C(1) | Explains when a Revenue Determination applies |
| Section 28C(1A) | Explains who can raise a Revenue Determination and in what amounts. The amount of the Revenue Determination must be made ‘to the best of information and belief’ |
| Section 28C(2) | Provides for a notice to be served on the taxpayer and that the notice must state the date it is issued |
| Section 28C(3) | Explains that a Revenue Determination shall have the effect of a self assessment until it is superseded by the taxpayer’s self assessment |
| Section 28C(4) | Explains that where during the course of the proceedings the Revenue Determination is superseded by a self assessment the proceedings may continue to recover the amount shown in the self assessment |
| Section 28C(5) | Details that a Revenue Determination can only be raised before the end of 3 years from the filing date and that a self assessment can only supersede a Revenue Determination before the end of 12 months from the date of the Revenue Determination |
| Section 28C(6) | Defines the meaning of ‘filing date’ |
| Section 29 | Provides for recovery of an amount or further amount, in order to make good the loss of tax due to fraud or negligence |
| Section 30 | Provides for recovery of an amount of tax that has been repaid to a person incorrectly |
| Section 33 | Relief for error or mistake in a self assessment |
| Section 42(3A)(d) | Explains calculation of interest where reliefs and deductions are carried back to an earlier year |
| Section 42(9) | Supplementary claims where the taxpayer made an error in the original claim |
| Section 59A(1) | Explains who is expected to make payments on account |
| Section 59A(2) | Explains how payments on account are calculated and when they are due |
| Sections 59A(3) and 59A(4) | Provide for a taxpayer to make a claim to adjust payments on account |
| Section 59A(5) | Provides for adjustments to be made, for example by repayment, where payments on account are amended |
| Section 59A(6) | Details the penalties that can be applied where the taxpayer makes a fraudulent or negligent claim |
| Section 59A(7) | Provides for normal recovery action to be taken for payments on account |
| Section 59A(8) | Defines income deducted at source (and assists with the understanding of S59 (1)) |
| Section 59A(9) | Allow a direction to be given that payments on account are not due for a particular year |
| Section 59B(1) | Explains how the balancing payment is calculated |
| Section 59B(2) | Explains that income deducted at source is taken into account when calculating the balancing payment |
| Section 59B(3) | Provides for the balancing payment due date to be deferred to 3 months after the issue of the return in cases where the Revenue delayed issuing the return |
| Section 59B(4) | Explains that, excepting the circumstances at 59B(3), the balancing payment due date is on or before 31 January following the year of assessment |
| Section 59B(5) | Provides that the balancing payment can be amended and describes when the amended amounts are due and payable |
| Section 59B(6) | Explains the due date where tax is due by virtue of an assessment |
| As modified by Schedule 21 FA1995 | Describes the rules for creating 1996-97 payments on account from 1995-96 Revenue assessments |
| Section 59C(1) | A fixed penalty or surcharge will arise on tax paid late |
| Section 59C(2) | The initial surcharge is 5% of any tax unpaid 28 days after the balancing payment due date |
| Section 59C(3) | A further surcharge of 5% arises on any tax still unpaid 6 months after the balancing payment due date |
| Section 59C(4) | No surcharge is due if a penalty is determined for the same liability |
| Section 59C(5) | Surcharge is imposed by a formal notice served on the taxpayer |
| Section 59C(6) | Interest is paid on unpaid surcharge |
| Section 59C(7) to 59C(9) | Appeals against the imposition of surcharge |
| Section 59C(10) | Inability to pay is not a reasonable excuse and not grounds for an appeal |
| Section 59C(11) | Provides the Board with discretionary power to mitigate surcharge |
| Section 86 | Explains calculation of interest for Statutory Instalment Arrangements (SIAs). Note: This has effect on SA interest up to, and including, 30 October 2011 |
| Section 86(1)(a) | Provides the relevant date for the calculation of interest for 1st and 2nd payment on account 1996-97 onwards. Note: This has effect on SA interest up to, and including, 30 October 2011 |
| Section 86(1)(b) | Provides the relevant date for the calculation of interest for 1996-97 onwards balancing payment. Note: This has effect on SA interest up to, and including, 30 October 2011 |
| Section 86(2) with Section 86(1)(a) or 86(1)(b) | Provides the relevant date for the calculation of interest for repairs and taxpayer amendments to returns. Note: This has an effect on SA interest up to, and including, 30 October 2011 |
| Section 93(1) (a) + (b) | Explains that this Section applies where a taxpayer is required by a notice to deliver a return and fails to comply with the notice |
| Section 93(2) | States the taxpayer will be liable to a penalty of £100 |
| Section 93(3) | Explains that a taxpayer can also be liable for daily penalties not exceeding £60 per day |
| Section 93(4) (a) + (b) | Explains that if the taxpayer’s failure to comply with the notice (to file a return) continues after 6 months and no applications for daily penalties have been made in that 6 month period, a further £100 penalty can be applied |
| Section 93(5) | States that if the failure continues after 12 months after the filing date and there would have been a liability to tax shown in the return, the taxpayer will be liable to a penalty not exceeding the liability to tax which would have been shown |
| Section 93(6) | States a daily penalty cannot be imposed after the failure (to file) has been remedied |
| Section 93(7) | Explains that penalties are reduced (capped) to the amount unpaid at the filing date where this is less than the amount of the fixed penalty |
| Section 93(8) | Explains that the Commissioners can either confirm the penalty or set it aside |
| Section 93(9) | Defines the meaning of ‘liability to tax’ which would have been shown in the return |
| Section 93(10) | Defines the meaning of the ‘filing date’ and ‘period of default’ |
| Section 93A(1) (a) + (b) | Applies where a partner is required by a notice to deliver a return but fails to comply with the notice |
| Section 93A(2) | States that each partner will be liable to a penalty of £100 |
| Section 93A(3) | Explains that each partner can also be liable for daily penalties not exceeding £60 per day |
| Section 93A(4) (a) + (b) | Explains that if the representative partner’s failure to comply with the notice continues after 6 months and no applications for daily penalties have been made in that 6 month period, a further £100 penalty can be charged to each partner |
| Section 93A(5) | States a daily penalty cannot be imposed after the failure (to file a return) has been remedied |
| Section 93A(6) (a) (b) + (c) | States the rules for appealing against the penalty |
| Section 93A(7) | Explains that the Commissioners can either confirm the penalties or set them aside |
| Section 93A(8) | Defines certain terms used in this section |
| Section 103A | Provides the relevant date for the calculation of interest for penalty notices |
| Schedule 1B | General provisions governing claims for relief involving two or more years |
Solved