Part 1 Special Provision: Amount Carrying Late Payment Interest
Finance Act 2009 (2009 c 10) | Legislation

SCHEDULE 53 Late Payment Interest

Section 101

Part 1 Special Provision: Amount Carrying Late Payment Interest

Payments on account and balancing payment

1

(1)     This paragraph applies where as regards a tax year—

(a)     payments on account are payable by a person (“Pâ€),

(b)     P makes a claim under section 59A(3) or (4) of TMA 1970 (reduction of payments on account) in respect of those amounts, and

(c)     a balancing payment becomes payable by P.

(2)     Late payment interest is to be calculated as if each of the payments on account had been equal to the lesser of the following amounts—

(a)     the aggregate of that payment on account and 50% of the balancing payment, and

(b)     the amount which would have been payable as a payment on account if the claim under section 59A(3) or (4) had not been made.

(3)     In determining for the purposes of this paragraph what amount (if any) is payable by P as a balancing payment—

(a)     it is to be assumed that both of the payments on account have been paid,

(b)     no account is to be taken of any amount which has been paid on account otherwise than

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