The Pool Betting Duty (Application of General Betting Duty Provisions) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of this instrument amends the General Betting Duty Regulations 2001 (S.I. 2001/3088) so that the existing provisions for general betting duty(1) about furnishing returns(2), paying the duty(3), and changing between monthly and quarterly accounting periods(4) are modified to apply to pool betting duty as well. Regulation 3 consequently repeals current provisions about the payment of pool betting duty(5).

A full and final Impact Assessment has not been produced for this instrument as a negligible impact on the private or voluntary sectors is foreseen.

(1)

The relevant provisions are in regulations 3, 5, 6, 10 and 11 of the General Betting Duty Regulations 2001 (S.I. 2001/3088). Regulation 2 of this instrument makes the amendments; paragraph (4) relates to returns, paragraphs (5) and (6) relate to payments, paragraphs (7) to (13) relate to accounting periods, paragraphs (2) and (3) relate to scope and definitions. Common penalty provisions about returns and payments are in the Betting and Gaming Duties Act 1981 (c. 63), Schedule 1, paragraphs 13(1) and 13(2); these were substituted by the Finance Act 1994 (c. 9), Schedule 4, Part 5, paragraph 62(1); and paragraph 13(1) was later amended by the Finance Act 2002 (c. 23), Schedule 4, Part 1, paragraph 10(12).

(2)

The return must be furnished to HM Revenue & Customs in a specified or approved form, and by the fifteenth day of the month following the one in which the accounting period ends, under regulation 5 of S.I. 2001/3088 as amended by regulation 2(4) of this instrument.

(3)

Payment must be made to HM Revenue & Customs in a specified or approved manner, and to the same deadline as the return. Those paying by direct debit must ensure that sufficient funds are in the relevant account. This all follows from regulation 6 of S.I. 2001/3088, as amended by regulations 2(5) and 2(6) of this instrument.

(4)

Monthly accounting periods are standard for pool betting duty, under the Betting and Gaming Duties Act 1981 (c. 63), section 8B(1)(a). (The substitution of section 8B is mentioned in footnote (a) on page 2.) This can be changed to quarterly periods on giving HM Revenue & Customs 28 days written notice under regulation 10 of S.I. 2001/3088, as amended by regulations 2(7) to 2(10) of this instrument. (Those convicted in the preceding year of a pool betting duty offence under the Betting and Gaming Duties Act 1981 (c. 63), Schedule 1, paragraph 13(3) (amended by the Finance Act 1988 (c. 39), section 12(4) and Schedule 14, Part 1), and those who failed to furnish a pool betting return due in that year, must not give such notice; and neither must those with outstanding pool betting duty if payment is not agreed with HM Revenue & Customs. This follows from regulation 10(3) of S.I. 2001/3088, as amended by regulation 2(9) of this instrument. Such a conviction while on quarterly accounting periods leads back to monthly periods, as does failing to furnish a pool betting duty return on time and as does failing to pay pool betting duty as required without agreement from HM Revenue & Customs. This follows from regulations 11(1) and 11(3) of S.I. 2001/3088, as amended by regulations 2(11) and 2(13) of this instrument.) (Those whose aggregated dutiable pool bets in the preceding year exceed £660,000 do not qualify for quarterly returns. This follows from regulation 10(6) of S.I. 2001/3088, as amended by regulation 2(10) of this instrument. Those on quarterly accounting periods whose aggregated dutiable pool bets in the preceding year exceed £825,000 revert to monthly periods. This follows from regulation 11(2) of S.I. 2001/3088, as amended by regulation 2(12) of this instrument.)

(5)

These provisions are in the Betting and Gaming Duties Act 1981 (c. 63), section 8(1)(c) and Schedule 1, paragraph 3. Section 8(1)(c) was substituted as mentioned in footnote (a) on page 2. Schedule 1, paragraph 3 was amended as mentioned in footnote (e) on page 3.