THE LAW
THE LAW
Assessment of late payment penalties
Pursuant to section 59B(4) Taxes Management Act 1970 (TMA 1970), the due date for payment of an income tax liability through Self-Assessment is on or before 31 January following the year of assessment.
The provisions governing the assessment of the relevant penalties are set out in Sch. 56. Paragraph 1(1) provides that:
“1(1) A penalty is payable by a person (P) where P fails to pay an amount of tax specified in column 3 of the Table on or before the date specified in column 4.”
The date specified is the date 30 days after the date for payment. The exception to this was 2022, when the Respondents allowed an extra month to make payment due to Covid-19.
Where a person fails to make payment on or before the penalty date, a penalty may be assessed under paragraph 3, Sch. 56, which provides for a penalty of 5% to be imposed, a further penalty of 5% after five months and a further penalty of 5% after 11 months.
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