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Paragraph 3 C1

United Kingdom

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

(1)

This paragraph applies to any amount which is due and payable as a result of—

(a)

an amendment or correction to an assessment or self-assessment (“assessment A”),

(b)

an assessment made by HMRC in place of or in addition to an assessment (“assessment A”) which was made by a taxpayer, or

(c)

an assessment made by HMRC in place of an assessment (“assessment A”) which ought to have been made by a taxpayer.

(2)

The late payment interest start date in respect of that amount is the date which would have been the late payment interest start date if—

(a)

assessment A had been complete and accurate and had been made on the date (if any) by which it was required to be made, and

(b)

accordingly, the amount had been due and payable as a result of assessment A.

(3)

In the case of a person (“P”) who failed to give notice F1in accordance with a requirement under section 7 of TMA 1970 (notice of liability to tax) F2that arose by virtue of subsection (1A) of that section, the reference in sub-paragraph (1)(c) to an assessment which ought to have been made by P is a reference to the assessment which P would have been required to make if an officer of Revenue and Customs had given notice under section 8 of that Act.

(4)

In this paragraph “assessment” means any assessment or determination (however described) of any amount due and payable to HMRC.

Annotations

Textual amendments

F1

Words in Sch. 53 para. 3(3) substituted (with effect in accordance with Sch. 51 para. 9 of the amending Act) by Finance Act 2013 (c. 29), Sch. 51 para. 7(2)(a)

F2

Words in Sch. 53 para. 3(3) inserted (with effect in accordance with Sch. 51 para. 9 of the amending Act) by Finance Act 2013 (c. 29), Sch. 51 para. 7(2)(b)

Modifications

C1

Sch. 53 paras. 3, 4 applied (19.4.2013) by The Small Charitable Donations Regulations 2013 (S.I. 2013/938), regs. 1, 14

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

Notes on Part 2

Modifications

C1

Sch. 53 Pt. 2 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 30(2)