The Finance Act 2009, Sections 101 and 102 (Disclosure of Tax Avoidance Schemes: Penalties) (Appointed Day and Consequential Provisions) Order 2019

Document Number:2019 No. 918 (C. 23)
Coming into force:Coming into force on the 01/06/2019
 
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Statutory Instruments

Taxes

Social Security

Made

9 th May 2019

Laid before the House of Commons

10 th May 2019

Coming into force

1 st June 2019

The Treasury, in exercise of the powers conferred by section 104(3) to (7) of the Finance Act 2009(1), make the following Order:

Citation

  1. This Order may be cited as the Finance Act 2009 , Sections 101 and 102 (Disclosure of Tax Avoidance Schemes: Penalties) (Appointed Day and Consequential Provisions) Order 2019.

    Appointed Days

  2. 1 st June 2019 is appointed as the day on which sections 101(2) and 102 of the Finance Act 2009 come into force for the purposes of penalties under—

    (a) section 98 C of the Taxes Management Act 1970(3) (penalties for failure to comply with the disclosure of tax avoidance schemes regime(4));

    (b) regulation 22 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2012(5) (penalties for failure to comply with the disclosure of tax avoidance schemes regime in relation to national insurance contributions).

    Consequential provision

  3. In section 103 A(6) of the Taxes Management Act 1970 (interest on penalties) , after “this Part of this Act” insert “(other than section 98 C)”.

    Mike Freer

    Paul Maynard

    Two of the Lords Commissioners of Her Majesty’s Treasury

    9 th May 2019

    EXPLANATORY NOTE

    (This note is not part of the Order)

    Article 2 of this Order appoints 1 st June 2019 as the day on which the provisions about late payment and repayment interest set out in sections 101 and 102 (and Schedules 53 and 54) of the Finance Act 2009 (c. 10) come into force in relation to penalties under

    section 98 C of the Taxes Management Act 1970 (c. 9) in connection with the disclosure of tax avoidance schemes regime in Part 7 of the Finance Act 2004 (c. 12);

    regulation 22 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2012 (S.I. 2012/1836) in connection with the disclosure of tax avoidance schemes regime in relation to national insurance contributions contained in the same Regulations.

    Section 101 applies late payment interest to any sum due by virtue of an enactment to HM Revenue and Customs (HMRC) but paid late. Section 102 applies repayment interest to any amount payable by HMRC to any person by virtue of an enactment.

    The current applicable rates in respect of late payment interest and repayment interest are set out in the Taxes and Duties, etc (Interest Rate) Regulations 2011 (S.I...

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