DMBM450110 - Legislation and enabling regulations: Self Assessment

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The legislation that covers payments on account and balancing payments is in Sections 59A and 59B TMA 1970. The table below gives a brief explanation of what the legislation contains.

Legislation

Explanation

Section 59A(1)

Explains who is expected to make payments on account

Section 59A(2)

Explains how payments on account are calculated and when they are due

Section 59A(3) and 59A(4)

Provides for the taxpayer to make a claim to adjust payments on account

Section 59A(5)

Provides for adjustments to be made, for example by repayment, where payments on account are amended

Section 59A(6)

Details the penalties that can be applied where the taxpayer makes a fraudulent or negligent claim

Section 59A(7)

Provides for normal recovery action to be taken for payments on account

Section 59A(8)

Defines income deducted at source

Section 59A(9)

Allows a direction to be given that payments on accounts are not due for a particular year

Section 59B(1)

Explains how the balancing payment is calculated

Section 59B(2)

Explains that income deducted at source is taken into account when calculating the balancing payment

Section 59B(3)

Provides for the balancing payment due date to be deferred to 3 months and 7 days after the issue of the return in cases where HMRC delayed issuing the return

Section 59B(4)

Explains that, excepting the circumstances at 59B(3), the balancing payment due date is due on or before 31 January following the year of assessment

Section 59B(5)

Provides that the balancing payment can be amended and describes when the amended amounts are due or repayable

Section 59B(6)

Explains the due date where tax is due by virtue of an assessment

 

SA penalty and appeal legislation

Penalty Appeal legislation

Fixed Penalties

Section 93(2) and Section 93(4) TMA1970

Daily penalties

Section 93(3) TMA1970

Tax geared penalties

Section 93(5) TMA1970

Determining the penalty

Section 100 TMA1970

Appeals against penalties

Section 100 TMA1970

Section 100(b) TMA1970

Late filing penalties

FA2009 Sch 55

Late payment penalties

FA2009 Sch 56