SALF301 - Payment of Tax: Outline

SALF302 Introduction

Outline of the payment system

Example

SALF303 Payments on account

Payments on account are normally required if the taxpayer was assessed to income tax in the preceding year

Section 59A(1)

Calculation of the payments on account takes tax deducted at source into account

No payments on account are required if the relevant amount is below certain limits

A payment on account can never exceed 50% of the relevant amount

Section 59A(2)

No payments on account are required in respect of capital gains tax or Student Loan repayments

Definition of income tax ‘deducted at source’ for the purposes of Section 59A

Section 59A(8)

Application to Class 4 NICs

Example: Calculation of relevant amount

Each payment on account is equal to 50% of the relevant amount

Section 59A(2)

Due dates for payments on account

Section 59A(2)

Example: Calculation of payments on account

Collection of payments on account

Section 59A(7)

Claims to reduce or cancel payments on account

Section 59A(3) & (4)

Nature of claim

Time limit for claims

Giving effect to claims

Section 59A(5)

Example: Adjustment following a claim to reduce payments on account

Incorrect claims to reduce or cancel payments on account

Section 59A(6)

Changes to payments on account when ‘relevant amount’ not established until after the first date for a payment on account

Section 59A(4A) & (5)

Example: Adjustment to previous year and revision of relevant amount

Changes to payments on account following a discovery assessment for the preceeding year

Section 59A(4B)

Direction by Officer of the Board that payments on account are not required

Section 59A(9)

SALF304 Balancing payments

A balancing payment (or repayment) is made to reflect tax liability calculated in the self assessment for the year

Section 59B(1)

Balancing payment takes tax deduction at source into account

Section 59B(2) & (7)

Due dates for payment

Section 59B(3), (4), (5) & (6) and Schedule 3ZA

Example: Calculation of balancing payments

Interest charged on late payment of tax and paid on overpayments of tax

Section 86 and ICTA88/S824

Automatic interest and surcharges

SALF305 Interest charged on late payments of tax

Interest will be charged on any tax paid late

Section 86(1)

Period for which interest charged

Section 86(1) to (3)

Rate of interest charged

Special rules for interest on payments on account of income tax

Section 86(4) to (9)

Example: Interest on payments on account and balancing payments

Interest charges following an excessive claim to reduce payments on account

Section 86(4)

Section 86(5) & (6)

Example: Interest charge following excessive claim to reduce payments on account

Remission of interest charges on excessive payments on account

Section 86(7) to (9)

Example: Remission of interest charge on excessive payments on account

Adjustments to interest charges

ICTA88/S824(3)

SALF306 Interest paid on Overpayments of Tax

Interest on overpayments

ICTA88/S824 (1) & TCGA92/S283

The relevant time

ICTA88/S824 (3) and TCGA92/S283 (2)

SALF307 Surcharges on unpaid income tax and capital gains tax

A surcharge will arise on any tax paid late

Section 59C(1)

The initial surcharge is 5% of any tax unpaid after 28 days

Section 59C(2)

There is an additional 5% surcharge on tax still unpaid after six months

Section 59C(3)

Example: Surcharge on late payment of tax due

Surcharges on additional tax payable on an amended self assessment

No surcharge is due if a penalty is determined in respect of the same tax

Section 59C(4)

Interest will be charged on unpaid surcharge

Section 59C(6)

The surcharge is imposed by a formal notice served on the taxpayer

Section 59C(5)

Appeals against the imposition of a surcharge

Section 59C(7) to (10)

Mitigation of surcharge

Section 59C(11)

SALF308 Surcharges of tax charged in an assessment for 1995/96 (or earlier) made after 6 April 1998

FA95/S109 (2)

SALF309 Miscellaneous provisions

Cash limit for magistrates’ proceedings

Section 65(1)

Interest is charged on any sum due, including penalties and surcharge

Sections 69

Payments by cheque

Section 70A

Rate of interest

FA89/S178