Paragraph 27
United Kingdom
Sub-paragraph (2) below applies where—
a F1registered person makes a return under provision made under section 49 of this Act (whether or not he makes it at the time required by such provision), and
the return shows that an amount of tax is due from him for the accounting period in relation to which the return is made.
The amount shall carry interest for the period which—
begins with the day after that on which the person is required by provision made under section 49 of this Act to pay tax due from him for the accounting period, and
ends with the day before that on which the amount is paid.
Sub-paragraph (4) below applies where—
under section 50(1) of this Act the Commissioners assess an amount of tax due from a F2registered person person for an accounting period and notify it to him, and
the assessment is made on the basis that no return required by provision made under section 49 of this Act has been made by the person in relation to the accounting period.
The amount shall carry interest for the period which—
begins with the day after that on which the person is required by provision made under section 49 of this Act to pay tax due from him for the accounting period, and
ends with the day before that on which the amount is paid.
Sub-paragraph (6) below applies where—
under section 50(1) of this Act the Commissioners assess an amount of tax due from a F3registered person for an accounting period and notify it to him, and
the assessment (the supplementary assessment) is made on the basis that the amount (the additional amount) is due from him in addition to any amount shown in a return, or in any previous assessment, made in relation to the accounting period.
The additional amount shall carry interest for the period which—
begins with the day on which the supplementary assessment is notified to the person, and
ends with the day before that on which the additional amount is paid.
Sub-paragraph (8) below applies where under section 50(2) of this Act the Commissioners assess an amount as being tax due from a F4registered person for an accounting period and notify it to him.
The amount shall carry interest for the period which—
begins with the day on which the assessment is notified to the person, and
ends with the day before that on which the amount is paid.
Sub-paragraph (8B) below applies where under section 50A of this Act the Commissioners assess an amount as being due from a person who is not a registered person in respect of a taxable disposal and notify it to the person.
The amount shall carry interest for the period which—
begins with the day (or the last day of the period) notified under section 50A(2)(b), and
ends with the day before that on which the amount is paid.
Sub-paragraph (10) below applies where under paragraph 32 below the Commissioners—
assess an amount due from a person by way of penalty under Part V of this Schedule F6or under Schedule 41 to the Finance Act 2008 and notify it to him, or
assess an amount due from a person by way of interest under paragraph 26 above and notify it to him.
The amount shall carry interest for the period which—
begins with the day on which the assessment is notified to the person, and
ends with the day before that on which the amount is paid.
Interest under this paragraph shall be compound interest calculated—
at the penalty rate, and
with monthly rests;
and the penalty rate is the rate found by taking the rate at which interest is payable under paragraph 26 above and adding 10 percentage points to that rate.
Interest under this paragraph shall be paid without any deduction of income tax.
Where—
the Commissioners assess and notify an amount as mentioned in sub-paragraph (5)(a) or (7) F7or (8A) or (9)(a) or (b) above,
they also specify a date for the purposes of this sub-paragraph, and
the amount concerned is paid on or before that date,
the amount shall not carry interest by virtue of sub-paragraph (6) or (8) F8or (8B) or (10) above (as the case may be).
Sub-paragraph (15) below applies where—
an amount carries interest under this paragraph (or would do so apart from that sub-paragraph), and
all or part of the amount turns out not to be due.
In such a case—
the amount or part (as the case may be) shall not carry interest under this paragraph and shall be treated as never having done so, and
all such adjustments as are reasonable shall be made, including adjustments by way of repayment by the Commissioners where appropriate.
Annotations
Textual amendments
- F1
Words in Sch. 5 para. 27(1)(a) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 21(4)
- F2
Words in Sch. 5 para. 27(3)(a) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 21(4)
- F3
Words in Sch. 5 para. 27(5)(a) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 21(4)
- F4
Words in Sch. 5 para. 27(7) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 21(4)
- F5
Sch. 5 para. 27(8A)(8B) inserted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 25(2)(a)
- F6
Words in Sch. 5 para. 27(9)(a) inserted (1.4.2010) by The Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010 (S.I. 2010/530), art. 1, Sch. para. 6(a)
- F7
Words in Sch. 5 para. 27(13)(a) inserted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 25(2)(b)(i)
- F8
Words in Sch. 5 para. 27(13) inserted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 25(2)(b)(ii)
Notes on Schedule 5
Modifications
- C1
Sch. 5 extended (19.3.1997) by 1997 c. 16, s. 50(1), Sch. 5 Pt. I para. 4(3)