The Finance Act 2009, Schedules 55 and 56 (Income Tax Self Assessment and Pension Schemes) (Appointed Days and Consequential and Savings Provisions) Order 2011

• Citation: S.I. 2011/702
• Sections: 22

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Finance Act 2009, Schedules 55 and 56 (Income Tax Self Assessment and Pension Schemes) (Appointed Days and Consequential and Savings Provisions) Order 2011 and comes into force on 1st April 2011.

(2) In this Order “return period” means each period of three months ending with 31st March, 30th June, 30th September or 31st December for which a return must be made under section 254(2) of the Finance Act 2004 (pension schemes; accounting for tax) .

Section 2 Appointed days

The day appointed for the coming into force of Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc ) —

(a) is 6th April 2011 in relation to a return or other document which—

(i) is required to be made or delivered to Her Majesty’s Revenue and Customs in relation to the tax year 2010-11 or any subsequent tax year, and

(ii) falls within item 1, 2 or 3 of the Table in paragraph 1 of that Schedule, and

(b) is 1st April 2011 in relation to a return under section 254 of the Finance Act 2004 (pension schemes; accounting for tax) to be made in respect of a return period ending on or after 31st March 2011.

Section 3 Appointed days

The day appointed for the coming into force of Schedule 56 to the Finance Act 2009 (penalty for failure to make payments on time) is 6th April 2011 in relation to an amount of tax which—

(a) is payable in relation to the tax year 2010-11 or any subsequent tax year, and

(b) falls within—

(i) item 1, 12, 18 or 19 of the Table in paragraph 1 of that Schedule, or

(ii) insofar as the tax falls within item 1 of that Table, item 17, 23 or 24 of that Table.

Section 4 Consequential amendments and repeals

The Taxes Management Act 1970 is amended as follows.

Section 5 Consequential amendments and repeals

Omit section 59C (surcharges on unpaid income tax and capital gains tax) .

Section 6 Consequential amendments and repeals

In section 69 (recovery of penalty, surcharge or interest) —

(a) for subsection (1)(b) substitute—

(b) penalties imposed under any paragraph of Schedule 56 to the Finance Act 2009 in respect of an amount falling within any of the following items of the Table in paragraph 1 of that Schedule—

(i) item 1, 12, 18 or 19, or

(ii) insofar as the tax falls within item 1, item 17, 23 or 24;

(b) in subsection (2) omit “, surcharge”; and

(c) accordingly, in the heading to that section, omit “ , surcharge ”.

Section 7 Consequential amendments and repeals

Omit—

(a) section 93 (failure to make return for income tax and capital gains tax) ; and

(b) section 93A (failure to make partnership return) .

Section 8 Consequential amendments and repeals

In section 100 (determination of penalties by officer of the Board) —

(a) omit subsection (2)(a); and

(b) in subsection (6)(a) omit—

(i) “section 93(2), (4) or (5) of this Act”, and

(ii) “or section 260(1)(b) of the Finance Act 2004”.

Section 9 Consequential amendments and repeals

In section 100B (appeals against penalty determinations) —

(a) in subsection (1) omit “sections 93 and 93A of this Act and”; and

(b) in subsection (2) for “Subject to sections 93(8) and 93A(7) of this Act on” substitute “On”.

Section 10 Consequential amendments and repeals

(1) In section 107A (relevant trustees) —

(2) In subsection (2)—

(a) in paragraph (a)—

(i) omit “, 93”;

(ii) after “Schedule 41 to the Finance Act 2008” insert “or Schedule 55 to the Finance Act 2009”;

(b) for paragraph (c) substitute—

(c) to a penalty under Schedule 56 to the Finance Act 2009; or

(c) for “interest, payment or surcharge” substitute “interest or payment”.

(3) In subsection (3)—

(a) for paragraph (a) substitute—

(a) in relation to a penalty under paragraph 4 of Schedule 55 to the Finance Act 2009 in respect of a return or other document falling within item 1, 2 or 3 of the Table in paragraph 1 of that Schedule, the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;

(b) in paragraph (b), omit “other”;

(c) for paragraph (c) substitute—

(c) in relation to—

(i) a penalty under Schedule 56 to the Finance Act 2009 in respect of an amount falling within item 1, 12, 18 or 19 of the Table in paragraph 1 of that Schedule, or

(ii) a penalty under that Schedule in respect of an amount falling within item 17, 23 or 24 of that Table so far as the tax falls within item 1,

the beginning of the penalty date as defined in paragraph 1(4) of that Schedule;

(4) Omit subsection (4).

Section 11 Consequential amendments and repeals

For section 824(1)(c) of the Income and Corporation Taxes Act 1988 (repayment supplements: surcharges) substitute—

(c) a penalty payable under any paragraph of Schedule 56 to the Finance Act 2009 in respect of an amount falling within any of the following items of the Table in paragraph 1 of that Schedule—

(i) item 1, 12, 18 or 19; or

(ii) insofar as the tax falls within item 1, item 17, 23 or 24; and

Section 12 Consequential amendments and repeals

In section 178 of the Finance Act 1989 (setting of rates of interest) , in subsection (2)(f) omit “59C, ”.

Section 13 Consequential amendments and repeals

In section 16(1) of the Social Security Contributions and Benefits Act 1992 (application of Income Tax Acts to class 4 contributions) after paragraph (b), insert—

and

(c) the provisions of Schedules 55 and 56 to the Finance Act 2009,

Section 14 Consequential amendments and repeals

In section 260 of the Finance Act 2004 (pension schemes; accounting return) , omit subsections (1) to (5).

Section 15 Consequential amendments and repeals

In the Finance Act 2009 —

(a) in section 68 (employment loss relief), omit subsection (4); and

(b) in section 108 (suspension of penalties during currency of agreement for deferred payment), omit the first row of the Table in subsection (5).

Section 16 Consequential amendments and repeals

In the Taxes (Interest Rate) Regulations 1989 , omit regulation 3(1)(aa).

Section 17 Consequential amendments and repeals

In regulation 2(4)(a) of the Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 , for the words “section 260(1) (accounting return)” substitute “Schedule 55 to the Finance Act 2009 (penalty for failure to make returns)”.

Section 18 Consequential amendments and repeals

In Schedule 3 to the Registered Pension Schemes (Splitting of Schemes) Regulations 2006 (responsibilities and liabilities of sub-scheme administrators in respect of a sub-scheme – Finance Act 2004) —

(a) in the fifteenth entry in the Table in Part I—

(i) omit “(1), (4) and” ,

(ii) for “Penalties for failure to make a return within S254” substitute “Penalty for fraudulently or negligently making an incorrect return under S254”, and

(b) after Part I insert the following—

Other legislation

Schedule 55 to the Finance Act 2009 (penalty for failure to make returns)

Section 19 Consequential amendments and repeals

In the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006 , in the last paragraph of Schedule 2—

(a) in sub-paragraph (d) for “(failure to deliver accounting return)” substitute “(fraudulently or negligently making an incorrect return)”, and

(b) at the end of sub-paragraph (j) insert the following —

; or

(k) Schedule 55 to the Finance Act 2009 (penalty for failure to make returns)

Section 20 Savings

Articles 4 to 7, 8 (a) and (b)(i), 9 to 13, 15 and 16 have no effect in relation to—

(a) a return or other document which is required to be made or delivered to Her Majesty’s Revenue and Customs, or

(b) an amount of tax which is payable,

in relation to the tax year 2009-10 or any previous tax year.

Section 21 Savings

Articles 8(b)(ii), 14 and 17 to 19 have no effect in respect of a return period ending on or before 31st December 2010.

Section 22 Savings

For the purposes of regulation 20 of the Stamp Duty Reserve Tax Regulations 1986 (which applies certain provisions of the Taxes Management Act 1970, in some cases subject to modifications, for the purposes of stamp duty reserve tax), articles 6, 7(a), 8(a) and 9 have no effect.