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Tax Collection and Management (Wales) Act 2016

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This is the original version (as it was originally enacted).

CHAPTER 1INTEREST ON AMOUNTS PAYABLE TO WRA

Late payment interest

157Late payment interest on amounts payable to WRA

(1)This section applies to—

(a)any amount of devolved tax, and

(b)any amount of penalty relating to devolved tax,

that is payable by a person to WRA.

(2)If an amount to which this section applies is not paid before the late payment interest start date, the amount carries interest (referred to in this Part as “late payment interest”) at the late payment interest rate for the period—

(a)beginning with the late payment interest start date, and

(b)ending with the date of payment.

(3)The late payment interest start date for the amount is the date following that on which the amount becomes payable, subject to sections 159 and 160.

(4)Subsection (2)(a) applies even if the late interest payment start date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 (c. 61).

(5)In this section, “late payment interest rate” has the meaning given by section 163(1).

158Late payment interest: supplementary

(1)Late payment interest is not payable on late payment interest.

(2)The date of payment, in relation to an amount to which section 157 applies, includes the date on which it is set off against an amount payable by WRA.

Late payment interest start date: special rules

159Late payment interest start date: amendments to assessments etc.

(1)This section applies to an amount that is payable as a result of—

(a)an amendment under section 41, 45 or 50, or a correction under section 42, to an assessment (“assessment A”),

(b)a WRA assessment made in place of or in addition to an assessment (“assessment A”), or

(c)an assessment under section 45 or 50, or a WRA determination, made in place of an assessment (“assessment A”) which ought to have been made by a person chargeable to a devolved tax.

(2)The late payment interest start date for 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 payable as a result of assessment A.

160Late payment interest start date: death of taxpayer

(1)This section applies if—

(a)a person chargeable to an amount of devolved tax or penalty relating to devolved tax dies before the amount becomes payable, and

(b)the executor or administrator is unable to pay the amount before obtaining probate or letters of administration or another document having equivalent effect under the law of a country or territory other than England and Wales in relation to the deceased person’s estate.

(2)The late payment interest start date for that amount is the later of the following—

(a)the date which would be the late payment interest start date apart from this section, and

(b)the day after the end of the period of 30 days beginning with the grant of probate or letters of administration or another document having equivalent effect under the law of a country or territory other than England and Wales in relation to the deceased person’s estate.

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