The Finance Act 2008, Schedule 41 (Appointed Day and Transitional Provisions) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints the day on which the provisions of Schedule 41 to the Finance Act 2008 (c. 9) (“Schedule 41”) come into force. It also contains transitional provisions. Schedule 41 introduces a single penalty regime for failure to comply with a relevant obligation to notify HMRC of chargeability to tax, liability to register for tax etc., as well as providing for penalties for issuing an unauthorised VAT invoice, putting a product to a use that attracts a higher rate of excise duty and handling goods subject to unpaid excise duty.

Article 2 appoints 1st April 2010 as the day on which Schedule 41 comes into force.

Article 3 provides that Schedule 41 has effect where the relevant obligation, issue of unauthorised invoice or other culpable actions arise on or after that date.

Article 4 preserves the existing penalty provisions for evasion within the stated regimes where the dishonest conduct does not give rise to a penalty under Schedule 41.