Tax Collection and Management (Wales) Act 2016

[F1122Penalty for failure to pay tax on timeE+W
This section has no associated Explanatory Notes

(1)A person is liable to a penalty if the person has failed to pay an amount of [F2WRA-collected] tax on or before the penalty date in respect of that amount.

[F3(2)The penalty—

(a)in respect of an amount of land transaction tax, is 5% of the amount of unpaid tax;

(b)in respect of an amount of landfill disposals tax, is 1% of the amount of unpaid tax;

[F4(c)in respect of an amount of visitor levy, is 5% of the amount of unpaid levy, but—

(i)if 5% of the amount of unpaid levy is lower than £100, the penalty is £100;

(ii)if 5% of the amount of unpaid levy is greater than £5000, the penalty is £5000.]]

[F5(2A)But see section 122ZA for an exception to the rule in subsection (1).]

(3)In this section and in [F6sections [F7122ZA, 122A and 122B]], the penalty date in respect of an amount of [F2WRA-collected] tax specified in column 3 of Table A1 is the date specified in column 4.

TABLE A1
Item [F2WRA-collected] 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 [F8payable as a result of] a tax return.The date falling 30 days after the filing date for the return.
[F92AVisitor levyAmount payable as a result of a visitor levy return.The date falling 30 days after the filing date for the visitor levy return.]
3Any [F2WRA-collected] 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 [F2WRA-collected] 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 [F2WRA-collected] 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 [F2WRA-collected] 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 [F1049 or 50] of LDTA.The date falling 30 days after the date by which the amount is required to be paid.
11Any [F2WRA-collected] 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.]

Textual Amendments