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Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017

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42For section 122 substitute—

122Penalty for failure to pay tax on time

(1)A person is liable to a penalty if the person has failed to pay an amount of devolved tax on or before the penalty date in respect of that amount.

(2)The penalty is 5% of the amount of unpaid tax.

(3)In this section and in section 122A, the penalty date in respect of an amount of devolved tax specified in column 3 of Table A1 is the date specified in column 4.

TABLE A1

ItemDevolved TaxAmount of TaxPenalty date
1Land transaction taxAmount (or additional amount) payable as a result of a tax return made by the buyer in a land transaction (unless the amount falls within item 8 or 9).The date falling 30 days after the filing date for the return.
2Landfill disposals taxAmount stated in a tax return.The date falling 30 days after the filing date for the return.
3Any devolved taxAmount payable as a result of a WRA determination made in place of a tax return.The date falling 30 days after the date by which WRA believes the tax return was required to be made.
4Any devolved taxAmount payable as a result of a WRA assessment made in place of a tax return (unless the amount falls within item 7).The date falling 30 days after the date by which WRA believes the tax return was required to be made.
5Any devolved taxAmount (or additional amount) payable as a result of a WRA assessment made where a tax return has been made.The date falling 30 days after the date by which the amount (or additional amount) is required to be paid.
6Any devolved taxAmount (or additional amount) payable as a result of an amendment or a correction to a tax return.The date falling 30 days after the date by which the amount (or additional amount) is required to be paid.
7Any devolved taxAmount (or additional amount) payable as a result of a WRA assessment made for the purposes of making an adjustment to counteract a tax advantage (see Part 3A) in a case where a tax return which WRA has reason to believe was required to be made has not in fact been made.The date falling 30 days after the date by which the amount (or additional amount) is required to be paid.
8Land transaction taxWhere a deferral request is made under section 58 of LTTA, a deferred amount required to be paid by virtue of section 61(1)of that Act.The date falling 30 days after the date by which the deferred amount is required to be paid.
9Land transaction taxWhere a deferral request is made under section 58 of LTTA, a refused amount within the meaning of section 61(2)(a) of that Act.The date falling 30 days after the date by which the refused amount is required to be paid.
10Landfill disposals taxAmount charged by a charging notice issued under section 48 or 49 of LDTA.The date falling 30 days after the date by which the amount is required to be paid.
11Any devolved taxA postponed amount within the meaning of section 181G(2).The date falling 30 days after the date on which the postponement period ends (see section 181G as to the calculation of postponement periods).

(4)In this section, “deferred amount” has the same meaning as in section 58(6)(a) of LTTA.

(5)The Welsh Ministers may by regulations modify Table A1.

122AFurther penalties for continuing failure to pay devolved tax

(1)This section applies where a person is liable to a penalty under section 122 in respect of a failure to pay an amount of devolved tax on or before the penalty date for that amount.

(2)If any of the amount remains unpaid after the end of the period of 6 months beginning with the day falling 30 days before the penalty date, the person is liable to a further penalty.

(3)The further penalty is 5% of the amount that remains unpaid.

(4)If any of the amount remains unpaid after the end of the period of 12 months beginning with the day falling 30 days before the penalty date, the person is liable to a second further penalty.

(5)The second further penalty is 5% of the amount that remains unpaid.

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