On 9 May 2019, the Treasury made two orders applying the provisions of sections 101 and 102, Finance Act 2009, on late payment and repayment interest, to penalties levied under various anti-avoidance regimes.
The Finance Act 2009, Sections 101 and 102 (Disclosure of Tax Avoidance Schemes: Penalties) (Appointed Day and Consequential Provisions) Order 2019 (SI 2019/918)
Appoints 1 June 2019, as the day on which the interest regime comes into force for amounts payable to, or payable by, HMRC, in relation to penalties in connection with the disclosure of tax avoidance schemes (DOTAS) regime, and the national insurance contributions disclosure regime.
The Finance Act 2009, Sections 101 and 102 (Avoidance: Penalties) (Appointed Day) Order 2019 (SI 2019/921)
Appoints 1 June 2019, as the day on which the interest regime comes into force in relation to penalties in connection with the VAT and indirect taxes disclosure regime, the promoters of tax avoidance regime, and the enablers of defeated avoidance schemes regime.
For DOTAS penalties, these provisions will replace the interest regime in section 103A, Taxes Management Act 1970.