2011 No. 975 (C. 38)

Revenue And Customs

The Finance Act 2010, Schedule 10 (Appointed Days and Transitional Provisions) Order 2011

Made

The Treasury make the following Order in exercise of the power conferred by section 35(2) and (3) of the Finance Act 20101.

Citation and interpretation1

1

This Order may be cited as the Finance Act 2010, Schedule 10 (Appointed Days and Transitional Provisions) Order 2011.

2

In this Order—

  • “HMRC” means Her Majesty’s Revenue and Customs; and

  • “tax period” has the same meaning as it has in paragraph 28(g) of Schedule 24 to the Finance Act 20072.

Appointed days2

1

6th April 2011 is the day appointed for the coming into force of paragraphs 1 to 9 of Schedule 10 to the Finance Act 2010 (penalties: offshore income etc).

2

6th April 2011 is the day appointed for the coming into force of paragraphs 10 to 14 of Schedule 10 to the Finance Act 2010 in relation to a return or other document which—

a

is required to be made or delivered to HMRC in relation to the tax year 2011-123 or any subsequent tax year, and

b

falls within item 1, 2 or 3 of the Table in paragraph 1 of Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc)4.

Transitional provisions

3

Article 2 of this Order does not have effect in relation to Schedule 24 to the Finance Act 2007 in relation to—

a

documents given to HMRC, and

b

assessments issued by HMRC,

in relation to a tax period commencing on or before 5th April 2011.

4

Article 2 of this Order does not have effect in relation to Schedule 41 to the Finance Act 2008 in relation to—

a

any relevant obligation5 arising under—

i

section 7 of the Taxes Management Act 1970 (notice of liability to income tax and capital gains tax)6,

ii

paragraph 2 of Schedule 18 to the Finance Act 1998 (duty to give notice of chargeability)7, and

iii

paragraphs 5, 6, and 14(2) and (3) of Schedule 1 (registration in respect of taxable supplies), paragraph 3 of Schedule 3 (registration in respect of acquisitions from other member states), and paragraphs 4 and 7(2) and (3) of Schedule 3A (registration in respect of disposals of assets for which a VAT repayment is claimed), to the Value Added Tax Act 19948,

in relation to a tax period commencing on or before 5th April 2011;

b

all other relevant obligations arising on or before 5th April 2011;

c

any unauthorised issue of an invoice9 taking place on or before 5th April 2011;

d

any act which enables HMRC to assess an amount as duty under a relevant excise provision10 and which is done on or before 5th April 2011; and

e

any act giving rise to a penalty under paragraph 4 of Schedule 41 to the Finance Act 2008 (handling goods subject to excise duty) which is done on or before 5th April 2011.

5

Article 2 of this Order does not have effect in relation to Schedule 55 to the Finance Act 2009 in relation to a return or other document which is required to be made or delivered to HMRC in relation to the tax year 2010-11 or any previous tax year.

Michael FabricantJames DuddridgeTwo of the Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 6th April 2011 as the day on which Schedule 10 to the Finance Act 2010 (c. 13) comes into force. Schedule 10 increases the level of penalties that may be charged in cases where certain offshore income, gains or assets have not been declared to HM Revenue and Customs (“HMRC”).

Schedule 10 achieves this by amending Schedule 24 to the Finance Act 2007 (c. 11) (documents submitted to HMRC which contain inaccuracies that lead to a loss of tax), Schedule 41 to the Finance Act 2008 (c. 9) (penalties for failure to notify chargeability) and Schedule 55 to the Finance Act 2009 (c. 10) (the late filing of returns).

Article 3 makes transitional provision ensuring that Schedule 24 to the Finance Act 2007 is not amended in relation to documents and assessments that relate to a tax period commencing on or before 5th April 2011.

Article 4 makes transitional provision ensuring that Schedule 41 to the Finance Act 2008 is not amended in relation to various ‘trigger events’ occurring on or before 5th April 2011 or in relation to obligations which arise in relation to a tax period that commenced on or before 5th April 2011.

Article 5 makes transitional provision ensuring that Schedule 55 to the Finance Act 2009 is not amended in relation to a return or other document required to be made or delivered to HMRC in relation to the tax year 2010-11 or any previous tax year.

In line with Government commitments, a Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy and is an appointed day order.