Taxes Consolidation Act 1997 section 959AV

Date for payment of tax: determination of an appeal

Section 959AV sets out the due date for payment of additional tax arising after the determination of an appeal against an assessment.

• Where an appeal results in tax payable exceeding the amount already paid, the excess is deemed due on the same date as the original assessment tax was due.
• A concession applies where the chargeable person had already paid at least 90 per cent of the total tax found due on determination of the appeal.
• Where the 90 per cent threshold is met and the original tax was a balance of income tax, capital gains tax or corporation tax, the excess is due within one month of the appeal determination.
• The effect is to penalise significant underpayments by backdating the due date, while giving relief to those who were substantially correct in their original payment.