The Finance Act 2009, Sections 101 and 102 (Interest on Late Payments and Repayments), Appointed Days and Consequential Provisions Order 2014

Appointed Days

3.—(1) 6th May 2014 is the day appointed for the coming into force of section 101 of the Finance Act 2009 (late payment interest on sums due to HMRC) for the purposes of—

(a) any PAYE amount payable by a PAYE employer to HMRC,

(b) any Class 1 contributions amount payable by an employer to HMRC, and

(c) any CIS amount payable by a contractor to HMRC,

which is due and payable for the tax year 2014-15 or for any subsequent tax year.

(2) 6th May 2014 is the day appointed for the coming into force of section 102 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC) for the purposes of—

(a) any PAYE amount repayable by HMRC to a PAYE employer,

(b) any Class 1 contributions amount which fall to be repaid by HMRC to an employer, and

(c) any CIS amount which falls to be repaid by HMRC to a contractor,

which was paid to HMRC for the tax year 2014-15 or any subsequent tax year.

(3) In this article—

“CIS amount” means any amount deducted by a contractor from a contract payment in accordance with section 61 of the Finance Act 2004 (deductions on account of tax from contract payments)(1);

“Class 1 contributions amount” means earnings-related contributions payable under the Social Security Contributions and Benefits Act 1992(2) or the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992(3), by or in respect of an employed earner in respect of employed earner’s employment;

“contractor” has the meaning given by section 57 of the Finance Act 2004 (contractors);

“employer” means the secondary contributor in accordance with paragraph 1(2) of Schedule 4 to the Contributions Regulations (interpretation);

“employed earner” and “employed earner’s employment” have the same meaning as in paragraph 1(2) of Schedule 4 to the Contributions Regulations;

“PAYE amount” means any tax which a person making payments of, or on account of, PAYE income within section 683(1) of the Income Tax (Earnings and Pensions) Act 2003 (PAYE income)(4), is required to deduct from those payments irrespective of whether those amounts are deducted or not including tax in respect of which a direction notice has been issued under regulation 72(5A) (recovery from employee of tax not deducted by employer) or regulation 81(4) (employee liability if tax unpaid after regulation 80 determination) of the PAYE Regulations(5);

“PAYE employer” includes—

(a)

a Real Time Information employer within regulation 2A (Real Time Information employers) of the PAYE Regulations(6);

(b)

a Real Time Information pension provider within regulation 2B (Real Time Information pension payers) of the PAYE Regulations(7);

(c)

any agency which is treated as an employer for the purposes of the PAYE Regulations by regulation 10 (application to agencies and agency workers) of those Regulations(8);

(d)

any other payer which is treated as an employer for the purposes of the PAYE Regulations by regulation 12 (application to other payers and payees) of those Regulations(9); and

(e)

an employee to whom a direction notice under regulation 72(5A) or regulation 81(4) of the PAYE Regulations has been issued.

(1)

2004 c. 12.

(2)

1992 c. 4.

(3)

1992 c. 7.

(4)

2003 c. 1. Section 684 has been relevantly amended by section 145 of the Finance Act 2003 (c. 14); section 94(3) of the Finance Act 2006 (c. 25); paragraphs 1 to 7 of Schedule 58 to the Finance Act 2009; section 85 of the Finance Act 2011 (c. 11) and by section 225 of, and paragraph 5 of Schedule 1 to, the Finance Act 2012 (c. 14).

(5)

Regulation 72(5A) was inserted by regulation 3 of S.I. 2004/851 and regulation 81 has been amended by regulation 5 of S.I. 2004/851.

(6)

Regulation 2A was inserted by regulation 4 of S.I. 2012/822 and amended by regulation 14 of S.I. 2013/521.

(7)

Regulation 2B was inserted by regulation 4 of S.I. 2012/822 and amended by regulation 15 of S.I. 2013/521.

(8)

Regulation 10 was amended by regulation 7 of S.I. 2013/521.

(9)

Regulation 12 was amended by regulation 7 of S.I. 2013/521.