SI 2020/934 – The Finance Act 2008, Section 135 (Coronavirus) Order 2020

Released 03 September 2020

Abstract SI 2020/934 specifies the incidence of coronavirus as an emergency qualifying for relief from interest on unpaid tax from 20 March 2020.

The Finance Act 2008, Section 135 (Coronavirus) Order 2020 is made in exercise of the powers conferred in the Finance Act 2008, s. 135. That section provides that, in the case of a disaster or emergency specified by the Treasury as having national significance, no interest or surcharges will be charged where the Commissioners for HMRC have agreed to defer payments in respect of specified liabilities under an enactment or contract settlement. The order specifies that the incidence of coronavirus in the United Kingdom is an emergency which qualifies for relief under FA 2008, s. 135; that the commencement date for the purposes of FA 2008, s. 135(4)(a) is 20 March 2020, and that the liabilities to which the relief applies are:

liabilities payable under the Taxes Management Act 1970, s. 59A(2)(b) (payments on account of income tax) in relation to the 2019-20 year of assessment and associated liabilities payable under the Social Security Contributions and Benefits Act 1992, s. 15(1) and (2) (class 4 contributions recoverable under the Income Tax Acts);

amounts payable under the Value Added Tax Act 1994, s. 73 (failure to make returns etc) in respect of returns required by SI 1995/2518, reg. 25 to be made in the period beginning on 20 March 2020 and ending on 30 June 2020 and which are made on or before 31 March 2021; and

amounts payable during the period beginning on 20 March 2020 and ending on 30 June 2020 under SI 1993/2001, art. 4 (payments on account), SI 1995/2518, reg. 40(2) or (3) (VAT to be accounted for on returns and payment of VAT), or reg. 50(2) (annual accounting scheme).

The order comes into force on 25 September 2020.

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