OpenLegislation

Paragraph 15

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where conditions A and B are met—

(a)

the appropriate adjustment is to be made of the amount of late payment interest payable, and

(b)

accordingly, the appropriate repayment (if any) is to be made of any late payment interest previously paid.

(2)

Condition A is that any amount of late payment interest is payable on—

(a)

any amount on account of income tax which is due and payable in accordance with section 59A(2) of TMA 1970, or

(b)

any amount of income tax or capital gains tax which becomes due and payable in accordance with section 55 or 59B of TMA 1970.

(3)

Condition B is that relief from the tax is given by a discharge of any of that amount of tax.

Paragraph 16 makes provision about the circumstances in which P is entitled to have a relief treated as being given by discharge.

(4)

In this paragraph—

  • “the appropriate adjustment” is such adjustment as is necessary to secure that the total amount of late payment interest, if any, paid or payable on the amount of tax in question is the same as it would have been if the tax discharged had never been charged;

  • “the appropriate repayment” is such repayment as is necessary to give effect to the appropriate adjustment.

Notes on Schedule 53

Commencement

I1

Sch. 53 in force at 31.8.2010 for specified purposes by S.I. 2010/1878, art. 2 (with art. 3)

I2

Sch. 53 in force at 6.10.2011 for specified purposes by S.I. 2011/2391, art. 2(c)

I3

Sch. 53 in force at 31.10.2011 for specified purposes by S.I. 2011/701, art. 3(1) (with art. 4)

I4

Sch. 53 in force at 1.2.2013 for specified purposes by S.I. 2013/67, art. 2

I5

Sch. 53 in force at 1.4.2013 for specified purposes by S.I. 2013/280, art. 2

I6

Sch. 53 in force at 1.10.2013 for specified purposes by S.I. 2013/2472, art. 2

I7

Sch. 53 in force at 6.5.2014 for specified purposes by S.I. 2014/992, art. 3(1)

I8

Sch. 53 in force retrospectively at 6.5.2014 for further specified purposes by Finance Act 2019 (c. 1), s. 88(6)

I9

Sch. 53 in force at 1.1.2015 for specified purposes by S.I. 2014/3269, art. 4(1) (with art. 4(2))

I10

Sch. 53 in force at 1.1.2015 for specified purposes by S.I. 2014/3324, art. 3

I11

Sch. 53 in force at 1.4.2015 for specified purposes by S.I. 2015/974, art. 2

I12

Sch. 53 in force at 6.4.2018 for specified purposes by S.I. 2018/468, art. 2(a)

I13

Sch. 53 in force at 6.4.2019 for specified purposes by 2019 c. 1, Sch. 2 para. 31

I14

Sch. 53 in force at 1.6.2019 for specified purposes by S.I. 2019/918, art. 2

I15

Sch. 53 in force at 1.6.2019 for specified purposes by S.I. 2019/921, art. 2

I16

Sch. 53 in force at 6.9.2019 for specified purposes by S.I. 2019/1238, art. 2 (with art. 3)

I17

Sch. 53 in force at 5.10.2020 for specified purposes by S.I. 2020/979, art. 3(1)

I18

Sch. 53 in force at 6.4.2021 for specified purposes by S.I. 2021/445, reg. 2;

Sch. 53 in force at 6.4.2021 for specified purposes by 2020 c. 14, Sch. 1 para. 29 (with Sch. 1 paras. 30-34);

Sch. 53 in force retrospectively at 6.4.2021 for specified purposes by 2022 c. 3, Sch. 10 para. 29

I19

Sch. 53 in force at 1.4.2022 for specified purposes by S.I. 2021/1409, reg. 2(a)

I20

Sch. 53 in force at 1.1.2023 for specified purposes by S.I. 2022/1277, reg. 2(2)(b) (with reg. 3)

I21

Sch. 53 in force at 1.5.2023 for specified purposes by S.I. 2023/385, art. 2

I22

Sch. 53 in force at 30.9.2023 for specified purposes by S.I. 2023/997, art. 2

I23

Sch. 53 in force at 4.3.2024 for specified purposes by S.I. 2024/133, art. 2

I24

Sch. 53 in force at 1.9.2025 for specified purposes by S.I. 2025/948, art. 3

I25

Sch. 53 in force at 21.5.2026 for specified purposes by S.I. 2026/552, art. 2

I26

Sch. 53 in force at 1.10.2026 for specified purposes by S.I. 2026/1024, art. 3