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Finance Act 1994

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[F111A(1)Where by virtue of paragraph 7 above duty due from any person for an accounting period carries interest, the Commissioners may assess that person to an amount of interest in accordance with this paragraph.U.K.

(2)Notice of the assessment shall be given to the person liable for the interest or a representative of his.

(3)The amount of the interest shall be calculated by reference to a period ending on a date (“the due date”) no later than the date of the notice.

(4)The notice shall specify—

(a)the amount of the duty which carries the interest assessed (“the specified duty”);

(b)the amount of the interest assessed (“the specified interest”);

(c)the due date; and

(d)a date by which that amount is required to be paid (“the payment date”).

(5)Sub-paragraphs (6) and (7) below apply where the specified duty or any part of it is unpaid on the date of the notice.

(6)If the unpaid amount or any part of it is paid by the payment date, the payment shall be treated for the purposes of paragraph 7 above as made on the due date.

(7)To the extent that the unpaid amount is not paid by the payment date, an assessment may be made under this paragraph in respect of any interest on the unpaid amount which accrues after the due date.

(8)For the purposes of sub-paragraphs (6) and (7) above, a payment—

(a)which purports to be a payment of the unpaid amount or any part of it, but

(b)which is insufficient to discharge both the liability to pay the unpaid amount and the liability to pay the specified interest,

shall be treated as made in discharge (or partial discharge) of the liability to pay the specified interest before it is treated as discharging to any extent the liability to pay the unpaid amount.

(9)A notice of interest assessed under this paragraph may be combined in one document with notification of an assessment under section 12 of this Act which relates to the specified duty.

(10)A notice which is so combined must comply with the requirements of this paragraph which relate to a notice which is not so combined.

(11)The specified interest shall be recoverable as if it were duty due from the person assessed to that interest.

(12)For the purposes of this paragraph a person is a representative of another if—

(a)he is that other’s personal representative;

(b)he is that other’s trustee in bankruptcy or is a receiver or liquidator appointed in relation to that other or in relation to any of his property; or

(c)he is a person acting in some other representative capacity in relation to that other.]

Textual Amendments

F1Sch. 6: Cross-heading and para. 11A inserted (1.5.1995 with application as mentioned in s. 16(4) of the amending Act) by 1995 c. 4, s. 16(1) (with Sch. 8 paras. 55(2) 57(1))

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