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Tax Collection and Management (Wales) Act 2016

2016 anaw 6 · Enacted 25 April 2016 · Extends to England and Wales

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

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An Act of the National Assembly for Wales to establish the Welsh Revenue Authority; to make provision about the collection and management of F1WRA-collected taxes; and for connected purposes.

[25 April 2016]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:C1C2C3

Annotations to the whole text

Textual amendments

F1

Word in Act substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5), s. 67(1), Sch. 2 para. 21

Modifications

C1

Act: power to modify conferred (9.9.2022) by Welsh Tax Acts etc. (Power to Modify) Act 2022 (asc 2), ss. 1, 9 (with s. 2(4)-(6))

C2

Act: power to amend conferred (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5), ss. 62, 67(1)

C3

Act: power to amend conferred (1.10.2026) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5), ss. 26(2)(b), 67(2); S.I. 2025/1305, art. 2(m)

Contents

  1. Part 1: OVERVIEW
  2. 1Overview of Act
  3. Part 2: THE WELSH REVENUE AUTHORITY
  4. Establishment and status of the Welsh Revenue Authority
  5. 2The Welsh Revenue Authority
  6. Membership
  7. 3Membership
  8. 4Disqualification for appointment as non-executive member
  9. 5Terms of non-executive membership
  10. 6Appointment of elected executive member
  11. 7Removal of members etc.
  12. Committees and staff
  13. 8Committees and sub-committees
  14. 9Chief executive and other staff
  15. Procedure and validity
  16. 10Procedure
  17. 11Validity of proceedings and acts
  18. Functions
  19. 12Main functions
  20. 13Internal authorisation to carry out functions
  21. 14Delegation of functions
  22. 15General directions
  23. Information
  24. 16Use of information by WRA and delegates
  25. 17Confidentiality of protected ... information
  26. 18Permitted disclosures
  27. 19Declaration of confidentiality
  28. 20Offence of wrongful disclosure of protected ... information
  29. Court proceedings and evidence
  30. 21Court proceedings
  31. 22Evidence
  32. Money
  33. 23Funding
  34. 24Rewards
  35. 24APayments of net proceeds of the visitor levy to principal councils
  36. 25Payments of receipts into Welsh Consolidated Fund
  37. Charter of standards and values
  38. 26Charter of standards and values
  39. Corporate plans, annual reports, accounts etc.
  40. 27Corporate plan
  41. 28Annual report
  42. 29Accounts
  43. 30Statement of amount of money collected by WRA
  44. 31Audit
  45. 32Examination into use of resources
  46. 33Accounting officer
  47. Consequential amendments
  48. 34Welsh public records
  49. 35Public Services Ombudsman Repealed
  50. 36Auditor General for Wales
  51. Part 3: TAX RETURNS, ENQUIRIES AND ASSESSMENTS
  52. Chapter 1: OVERVIEW
  53. 37Overview of Part
  54. Chapter 2: ... DUTIES TO KEEP AND PRESERVE RECORDS
  55. 38Duty to keep and preserve records: cases where a tax return is required
  56. 38ADuty to keep and preserve records: land transactions in respect of which no tax return is required.
  57. 39Preservation of information etc.
  58. 39APower to make regulations about records
  59. Chapter 3: TAX RETURNS
  60. Filing date
  61. 40Meaning of “filing date”
  62. Amendment and correction of tax returns
  63. 41Amendment of tax return by taxpayer
  64. 42Correction of tax return by WRA
  65. Chapter 4: WRA ENQUIRIES
  66. Notice and scope of enquiry
  67. 43Notice of enquiry
  68. 44Scope of enquiry
  69. Amendment of tax return during enquiry
  70. 45Amendment of tax return during enquiry to prevent loss of tax
  71. 45AAmendment of tax return by taxpayer when enquiry is in progress
  72. Referral during enquiry
  73. 46Referral of questions to tribunal during enquiry
  74. 47Withdrawal of referral
  75. 48Effect of referral on enquiry
  76. 49Effect of determination
  77. Completion of enquiry
  78. 50Completion of enquiry
  79. 51Direction to complete enquiry
  80. Chapter 5: WRA DETERMINATIONS
  81. 52Determination of tax chargeable if no tax return made
  82. 53Determination superseded by tax return
  83. Chapter 6: WRA ASSESSMENTS
  84. Assessment of loss of tax or of excessive repayment
  85. 54Assessment where loss of tax
  86. 55Assessment to recover excessive repayment of tax
  87. 55AAssessment in relation to tax credit
  88. 56References to “WRA assessment”
  89. Making WRA assessments
  90. 57References to the “taxpayer”
  91. 58Conditions for making WRA assessments
  92. 59Time limits for WRA assessments
  93. 60Situations brought about carelessly or deliberately
  94. 61Assessment procedure
  95. Chapter 7: RELIEF IN CASE OF EXCESSIVE ASSESSMENT OR OVERPAID TAX
  96. Double assessment
  97. 62Claim for relief in case of double assessment
  98. Overpaid tax etc.
  99. 63Claim for relief for overpaid tax etc.
  100. 63AClaim for relief in respect of land transaction tax: regulations ceasing to have effect
  101. Unjustified enrichment
  102. 64Disallowing claims for relief due to unjustified enrichment
  103. 65Unjustified enrichment: further provision
  104. 66Unjustified enrichment: reimbursement arrangements
  105. Other grounds for disallowing claims
  106. 67Cases in which WRA need not give effect to a claim
  107. Chapter 8: PROCEDURE FOR MAKING CLAIMS ETC.
  108. 68Making claims
  109. 69Duty to keep and preserve records
  110. 70Preservation of information etc.
  111. 71Amendment of claim by claimant
  112. 72Correction of claim by WRA
  113. 73Giving effect to claims and amendments
  114. 74Notice of enquiry
  115. 75Completion of enquiry
  116. 76Direction to complete enquiry
  117. 77Giving effect to amendments under section 75
  118. 78Time limit for making claims
  119. 79The claimant: partnerships
  120. 80Assessment of claimant in connection with claim
  121. 81Contract settlements
  122. Part 3A: GENERAL ANTI-AVOIDANCE RULE : DEVOLVED TAXES
  123. Overview
  124. 81AMeaning of ““general anti-avoidance rule”” and overview
  125. Artificial tax avoidance arrangements
  126. 81BTax avoidance arrangements
  127. 81CArtificial tax avoidance arrangements
  128. 81DMeaning of ““tax”” and “tax advantage
  129. Counteracting tax advantages
  130. 81EAdjustments to counteract tax advantages
  131. 81FNotice of proposed counteraction
  132. 81GFinal counteraction notice
  133. Proceedings before a court or tribunal
  134. 81HProceedings in connection with the general anti-avoidance rule
  135. Commencement and transitional provision
  136. 81IGeneral anti-avoidance rule: commencement and transitional provision
  137. Part 4: INVESTIGATORY POWERS OF WRA
  138. Chapter 1: INTRODUCTORY
  139. Overview
  140. 82Overview of Part
  141. Interpretation
  142. 83Information notices
  143. 84Meaning of “tax position”
  144. 84AMeaning of “prejudice to the assessment or collection of WRA-collected tax”
  145. 85Meaning of “carrying on a business”
  146. Chapter 2: POWERS TO REQUIRE INFORMATION AND DOCUMENTS
  147. 86Taxpayer notices
  148. 87Third party notices
  149. 88Tribunal approval of taxpayer notices and third party notices
  150. 89Power to require information and documents about persons whose identity is not known
  151. 90Requiring information and documents in relation to a group of undertakings
  152. 91Requiring information and documents in relation to a partnership
  153. 92Power to obtain information to enable a person's identity to be ascertained
  154. 93Power to obtain contact details for debtors
  155. 94Time limit for issuing a tribunal approved information notice
  156. 95Complying with an information notice
  157. 96Producing copies of documents
  158. Chapter 3: RESTRICTIONS ON POWERS IN CHAPTER 2
  159. 97Information notices: general restrictions
  160. 98Protection for journalistic material
  161. 99Protection for personal records
  162. 100Taxpayer notices following a tax return
  163. 101Protection for privileged communications between legal advisers and clients
  164. 102Protection for tax advisers and auditors
  165. Chapter 4: INSPECTIONS OF PREMISES AND OTHER PROPERTY
  166. 103Power to inspect business premises
  167. 103AFurther power to inspect business premises: landfill disposals tax
  168. 103BFurther power to inspect premises: taxable disposals made at places other than authorised landfill sites
  169. 104Carrying out inspections under section 103 , 103A or 103B : further provision
  170. 105Carrying out inspections under section 103 , 103A or 103B: use of equipment and materials
  171. 106Power to inspect premises or property for valuation etc.
  172. 107Producing authorisation to carry out inspections
  173. 108Approval of tribunal for inspection of premises
  174. 109Power to mark assets and to record information
  175. 110Restriction on inspection of documents
  176. 111Interpretation of Chapter 4
  177. Chapter 5: FURTHER INVESTIGATORY POWERS
  178. 112Power to copy and remove documents
  179. 113Further provision about records
  180. Chapter 6: OFFENCES RELATING TO INFORMATION NOTICES
  181. 114Offence of concealing etc. documents following information notice
  182. 115Offence of concealing etc. documents following notification
  183. Chapter 7: TRIBUNAL APPROVALS
  184. 116No review or appeal of tribunal approvals
  185. Part 5: PENALTIES
  186. Chapter 1: OVERVIEW
  187. 117Overview of Part
  188. 117AInterpretation and application of this Part in relation to the visitor levy
  189. Chapter 2: PENALTIES FOR FAILURE TO MAKE RETURNS OR PAY TAX OR AMOUNTS PAYABLE IN RESPECT OF TAX CREDITS
  190. Penalty for failure to make devolved tax return
  191. 118Penalty for failure to make devolved tax return on or before filing date
  192. 118APenalties for multiple failures to make tax returns in respect of landfill disposals tax
  193. 119Penalty for failure to make tax devolved return within 6 months from filing date
  194. 120Penalty for failure to make devolved tax return within 12 months from filing date
  195. Penalty points and penalties for failures to make visitor levy returns
  196. 120APenalty point for failure to make visitor levy return on or before filing date
  197. 120BFinancial penalty where penalty points have been awarded
  198. 120CExpiry of penalty points
  199. 120DChanging frequency of filing of returns when provider has penalty point
  200. 120EFinancial penalty for failure to make visitor levy return within 6 months from filing date
  201. 120FFinancial penalty for failure to make visitor levy return within 12 months from filing date
  202. 120GPenalty points and penalties: persons that have ceased to be a VAP
  203. 120HPenalty points: partnerships and other unincorporated bodies
  204. Reduction in penalty for disclosure of information
  205. 121Reduction in penalty for failure to make tax return: disclosure
  206. Penalty for failure to pay tax
  207. 122Penalty for failure to pay tax on time
  208. 122ZAPenalty for multiple failures to pay landfill disposals tax on time
  209. 122AFurther penalties for continuing failure to pay devolved tax
  210. 122BFurther penalties for continuing failure to pay visitor levy
  211. 123Suspension of penalty for failure to pay tax during currency of agreement for deferred payment Repealed
  212. Penalty for failure to pay amount payable in respect of tax credit
  213. 123APenalty for failure to pay amount payable in respect of tax credit on time
  214. Penalties under Chapter 2: general
  215. 124Interaction of penalties Repealed
  216. 125Special reduction in penalty under Chapter 2
  217. 126Reasonable excuse for failure to make tax return or pay tax or amount payable in respect of tax credit
  218. 127Assessment of penalties under Chapter 2
  219. 128Time limit for assessment of penalties under Chapter 2
  220. Chapter 3: PENALTIES FOR INACCURACIES
  221. Penalties for inaccuracies in documents
  222. 129Penalty for inaccuracy in document given to WRA
  223. 130Amount of penalty for inaccuracy in document given to WRA
  224. 131Suspension of penalty for careless inaccuracy
  225. 132Penalty for deliberate inaccuracy in document given to WRA by another person
  226. Penalty for failure to notify under-assessment etc.
  227. 133Penalty for failure to notify under-assessment or under-determination
  228. Potential lost revenue
  229. 134Meaning of “potential lost revenue”
  230. 135Potential lost revenue: normal rule
  231. 136Potential lost revenue: multiple errors
  232. 137Potential lost revenue: losses
  233. 138Potential lost revenue: delayed tax
  234. Penalties under Chapter 3: general
  235. 139Reduction in penalty under Chapter 3 for disclosure
  236. 140Special reduction in penalty under Chapter 3
  237. 141Assessment of penalties under Chapter 3
  238. Interpretation
  239. 142Interpretation of Chapter 3
  240. Chapter 4: PENALTIES RELATING TO RECORD-KEEPING AND REIMBURSEMENT ARRANGEMENTS
  241. Penalty for failure to keep and preserve records in connection with tax returns or claims
  242. 143Penalty for failure to keep and preserve records
  243. 144Reasonable excuse for failure to keep and preserve records
  244. 145Assessment of penalties under section 143
  245. Chapter 5: PENALTIES RELATING TO INVESTIGATIONS
  246. Penalties for failure to comply or obstruction
  247. 146Penalty for failure to comply with information notice or obstruction
  248. 147Daily default penalty for failure to comply with information notice or obstruction
  249. 148Effect of extension of time limit for compliance
  250. 149Reasonable excuse for failure to comply or obstruction
  251. Further penalties for continuing failure to comply or obstruction
  252. 150Increased daily default penalty for failure to comply with information notice
  253. 151Tax-related penalty for failure to comply with information notice or obstruction
  254. Penalty for inaccurate information or documents
  255. 152Penalty for inaccurate information or documents
  256. Penalties under Chapter 5: general
  257. 153Assessment of penalties under Chapter 5
  258. Chapter 6: PAYMENT OF PENALTIES
  259. 154Payment of penalties
  260. 154ALiability of personal representatives
  261. Chapter 7: SUPPLEMENTARY
  262. 155Double jeopardy
  263. 156Power to make regulations about penalties
  264. Part 6: INTEREST
  265. Chapter 1: INTEREST ON AMOUNTS PAYABLE TO WRA
  266. ...
  267. 157Late payment interest on WRA-collected taxes
  268. 157ALate payment interest on penalties
  269. 157BLate payment interest on amounts payable in respect of tax credit
  270. 158Late payment interest: supplementary
  271. ...
  272. 159Late payment interest start date: amendments to assessments etc. Repealed
  273. 160Late payment interest start date: death of taxpayer
  274. Chapter 2: INTEREST ON AMOUNTS PAYABLE BY WRA
  275. Repayment interest
  276. 161Repayment interest on amounts payable by WRA
  277. 162Repayment interest: supplementary
  278. Chapter 3: RATES OF INTEREST
  279. 163Rates of late payment interest and repayment interest
  280. Part 7: PAYMENT AND ENFORCEMENT
  281. Payment
  282. 164Meaning of “relevant amount”
  283. 165Relevant amounts payable to WRA
  284. 166Receipts for payment
  285. 167Fees for payment
  286. Certification of debt
  287. 168Certificates of debt
  288. Recovery
  289. 169Proceedings in magistrates' court
  290. 170Enforcement by taking control of goods
  291. Part 8: REVIEWS AND APPEALS
  292. Chapter 1: INTRODUCTORY
  293. Overview
  294. 171Overview of Part
  295. Appealable decisions
  296. 172Appealable decisions
  297. Chapter 2: REVIEWS
  298. 173Requesting a review
  299. 174Time limit for requesting a review
  300. 175Late request for review
  301. 176Carrying out a review
  302. 177Effect of conclusions of review
  303. Chapter 3: APPEALS
  304. 178Making an appeal
  305. 179Time limit for making an appeal
  306. 180Making a late appeal
  307. 181Determining an appeal
  308. Chapter 3A: PAYMENT AND RECOVERY OF WRA-collected TAX ETC SUBJECT TO REVIEW OR APPEAL
  309. 181AReview or appeal not to affect requirement to pay
  310. 181BPostponement requests
  311. 181CTime limit for making a postponement request
  312. 181DLate postponement request
  313. 181EApplication for tribunal review of decision on a postponement request
  314. 181FVariation after postponement request granted
  315. 181GEffect of postponement
  316. 181HPostponement requests relating to further appeals
  317. 181INo further appeal or review of tribunal decisions relating to postponement requests
  318. 181JApplication of this Chapter to amounts payable in respect of tax credit
  319. Chapter 4: MISCELLANEOUS AND SUPPLEMENTARY
  320. Consequences of reviews and appeals
  321. 182Payment of penalties in the event of a review or appeal
  322. 183Disposal of reviews and appeals in respect of information notices and notices under section 12 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025
  323. 183ASuspension of repayment pending further appeal
  324. Settlement agreements
  325. 184Settling disputes by agreement
  326. Part 9: INVESTIGATION OF CRIMINAL OFFENCES
  327. 185Powers to investigate criminal offences
  328. 186Proceeds of crime
  329. 187Regulation of investigatory powers
  330. Part 10: FINAL PROVISIONS
  331. 187ACrown application for the purposes of Land Transaction Tax
  332. 187BCrown application for the purposes of the visitor levy and the register of visitor accommodation
  333. 188Power to make consequential etc. provision
  334. 189Regulations
  335. 190Issue of notices by WRA
  336. 191Giving notices and other documents to WRA
  337. 192Interpretation
  338. 193Index of defined expressions
  339. 194Coming into force
  340. 195Short title