Statutory Instruments
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 2009( 1 ):
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 101( 2 ) and 102( 3 ) of the Finance Act 2009 come into force for the purposes of penalties under—
(a) Schedule 21 to the Finance Act 2015( 4 ) (penalties in connection with offshore asset moves);
(b) Part 1 of Schedule 20 to the Finance Act 2016( 5 ) (penalties for enablers of offshore tax evasion or non-compliance);
(c) Part 1 of Schedule 22( 6 ) to 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 2017( 7 ) (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 date( 8 ) or the repayment interest start date( 9 ) falls on or after 6th September 2019.
Michelle Donelan
Rebecca Harris
Two of the Lords Commissioners of Her Majesty’s Treasury
5th September 2019
Section 101 has been amended by paragraph 20(2) of Schedule 22 to the Finance Act 2014 (c. 26) and, from days to be appointed, by paragraphs 2 and 14 of Schedule 9 to the Finance (No. 3) Act 2010 (c. 33) ) and paragraph 116 of Schedule 8 to the Taxation (Cross-border Trade) Act 2018 (c. 22) .
Section 102 has been amended from days to be appointed by paragraphs 3 and 15 of Schedule 9 to the Finance (No. 3) Act 2010.
2015 c. 11 ; Schedule 21 has been amended by paragraph 27 of Schedule 18 to the Finance (No 2) Act 2017 (c. 32) .
Schedule 22 has been amended by paragraph 28 of Schedule 18 to the Finance (No. 2) Act 2017.
Section 101(4) of the Finance Act 2009 (c. 10) provides that the late payment interest start date in respect of any amount is the date on which that amount becomes due and payable.
Section 102(4) of the Finance Act 2009 provides that Parts 1 and 2 of Schedule 54 to that Act define the repayment interest start date.