Chapter 2 – Accounting for, and Payment of, the Levy
Section 36 – Duty to make levy return in respect of accounting period
105.A VAP must make a return to WRA for each accounting period, whether or not any overnight stays have taken place in the visitor accommodation that the VAP provides
106.The return must contain an assessment of the amount of visitor levy payable for the accounting period and also either a declaration by the VAP that the information in the return is true and complete to the best of their knowledge or a certification by the VAP’s agent that the VAP has made such a declaration.
107.A return must be made by the VAP on or before the filing date for the return. The filing date depends upon whether the VAP makes annual or quarterly returns (which is addressed in section 37). For an annual return the filing date is 31 May in the financial year following the financial year to which the return relates. A financial year is the period from 1 April in one year to 31 March in the following year. For a VAP that makes quarterly returns the filing date is 60 days following the end of the accounting period to which the return relates (see section 39).
Section 37 – Annual or quarterly return
108.This section provides that VAPs may choose to make annual or quarterly returns for a financial year if their expected visitor levy liability does not exceed £1000 and, if they made a return with respect to the preceding financial year, were not liable to pay an amount of visitor levy exceeding £1000 with respect to the preceding financial year. If a VAP's visitor levy liability is expected to exceed £1000, or exceeded £1000 in the previous financial year, they must make quarterly returns.
109.The Welsh Ministers have the power by regulations to change the figure of £1000 and to make provision about the information a VAP may or must provide to WRA if they wish to make annual returns. Regulations made under this power are subject to the affirmative procedure in the Senedd.
110.A change from annual to quarterly return obligations, or quarterly to annual return obligations, may take effect only at the start of a financial year. However, if a VAP has one or more penalty points, the VAP may not change the frequency with which they make returns.
Section 38 – Meaning of “accounting period”: annual returns
111.This section defines the accounting period for annual returns as the financial year and sets out, where a VAP commences leviable operations, the VAP’s first accounting period.
112.In this case, the accounting period begins on the date a VAP commences leviable operations and ends with the end of the financial year during which the accounting period began.
113.This section defines, for the purposes of this section and section 39, when a person commences leviable operations.
Section 39 – Meaning of “accounting period”: quarterly returns
114.This section defines the accounting period for VAPs making quarterly returns as a calendar quarter. A calendar quarter is defined as a period of 3 months ending with 31 March, 30 June, 30 September or 31 December. It sets out, where a VAP commences leviable operations, the VAP’s first accounting period.
Section 40 – Payment of the levy
115.The section details the rules for payment of the visitor levy to WRA by VAPs. VAPs must pay the visitor levy amount specified in their return on or before the filing date. The section also highlights provisions in the TCMA 2016 that address visitor levy payments required to be made by VAPs in other situations, such as corrections to a return, amendments made to a return during or after the completion of an enquiry and WRA determinations and assessments.
Section 41 – Persons that have ceased to be a VAP: duties under this Chapter
116.This section ensures that if a VAP was subject to duties immediately before ceasing to be a VAP then they remain subject to those duties which in this context are the duties to make a return and if required, to make a levy payment to the WRA. Subsection (2) preserves the effect of certain provisions and subsection (3) sets out the position when the former VAP becomes a VAP again.
Section 42 – Collection and management of the levy by WRA
117.This section introduces Part 2 of Schedule 2 to the Act which contains amendments to the TCMA 2016 to make provision about WRA’s functions in relation to the visitor levy together with other miscellaneous amendments.
