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Introduction

The late payment of tax will invariably attract interest as outlined in the Interest on late paid tax guidance note. In addition, the late payment of tax may also attract a late payment penalty, depending on the type of tax that has been paid late.

FA 2009, Sch 56 introduced a late payment penalty regime that was intended to harmonise the rules for different taxes. This has been introduced in stages and is not yet fully in force. As a result, there are a number of different regimes in place.

This guidance note covers penalties on late paid income tax, capital gains tax, annual tax on enveloped dwellings (ATED), Class 2 and Class 4 NIC (other than income tax and NIC due under PAYE), which are all subject to the late payment FA 2009, Sch 56 penalty regime.

The main taxes are not within the scope of the FA 2009, Sch 56 penalty regime for late payment are:

1. •

   corporation tax ― see ‘Corporation tax’ below

2. •

   VAT ― see the Penalties ― late payment of VAT guidance note for penalties