The Finance Act 2009, Sections 101 and 102 (Penalties for Offshore Evasion or Non-Compliance) (Appointed Day) Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/1238 |
| Year | 2019 |
2019 No. 1238 (C. 40)
Income Tax
Capital Gains Tax
Inheritance Tax
The Finance Act 2009, Sections 101 and 102 (Penalties for Offshore Evasion or Non-Compliance) (Appointed Day) Order 2019
Made 5th September 2019
The Treasury make this Order exercising the powers conferred by section 104(3) and (4) of the Finance Act 20091:
Citation
1. This Order may be cited as the Finance Act 2009, Sections 101 and 102 (Penalties for Offshore Evasion or Non-Compliance) (Appointed Day) Order 2019.
Appointed Days
2. 6th September 2019 is appointed as the day on which sections 1012and 1023of the Finance Act 2009 come into force for the purposes of penalties under—
(a) Schedule 21 to the Finance Act 20154(penalties in connection with offshore asset moves);
(b) Part 1 of Schedule 20 to the Finance Act 20165(penalties for enablers of offshore tax evasion or non-compliance);
(c) Part 1 of Schedule 226to the Finance Act 2016 (asset-based penalty for offshore inaccuracies and failures); and
(d) Part 1 of Schedule 18 to the Finance (No. 2) Act 20177(requirement to correct certain offshore tax non-compliance).
3. Article 2 only has effect in relation to a penalty in respect of which the late payment interest start date8or the repayment interest start date9falls on or after 6th September 2019.
Michelle Donelan
Rebecca Harris
Two of the Lords Commissioners of Her Majesty’s Treasury
5th September 2019
EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order appoints 6th September 2019 as the day on which the provisions about late payment interest and repayment interest set out in sections 101 and 102 of, and Schedules 53 and 54 to, the Finance Act 2009 (c. 10)(‘the 2009 Act’) come into force in relation to certain specified penalties under
Schedule 21 to the Finance Act 2015 (c. 11)in connection with offshore asset moves;
Part 1 of Schedule 20 to the Finance Act 2016 (c. 24)in connection with the enabling of offshore tax evasion or non-compliance;
Part 1 of Schedule 22 to the Finance Act 2016 (c. 24)in connection with offshore inaccuracies and failures;
Part 1 of Schedule 18 to the Finance (No 2) Act 2017 (c. 32)in connection with the requirement to correct certain offshore tax non-compliance.
Article 3 of this Order provides that Article 2 only has effect in relation to a penalty in respect of which the late payment interest start date or the repayment interest start date falls on or after 6th September 2019.
Section 101 of the 2009 Act applies late payment interest to any sum due to HM Revenue and Customs (‘HMRC’) by virtue of an enactment but paid late. Schedule 53 to the 2009 Act makes special provision in relation to section 101 concerning the amount of...
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