Accelerated payment notices

By Tolley
Personal_tax_img

The following Personal Tax guidance note by Tolley provides comprehensive and up to date tax information covering:

  • Accelerated payment notices
  • Introduction
  • Summary
  • Scope of the accelerated payment rules
  • Penalties
  • Collection proceedings
  • What if the taxpayer subsequently loses the appeal?
  • What if the taxpayer subsequently wins the appeal?
  • Use of APNs by HMRC

Introduction

In 2014, Parliament introduced rules which allow HMRC to require early payments of disputed tax and / or national insurance contributions (NIC) in relation to certain tax avoidance cases. HMRC can now issue accelerated payment notices (APNs) to require early payment where those cases are subject to an open enquiry or appeal.

Until then, HMRC generally allowed disputed tax to be postponed under TMA 1970, s 55, pending the outcome of the enquiry or litigation. This meant that effectively the taxpayer had a low-interest loan from the Government until the case was settled, which could be a number of years.

The rules also reflect Parliament’s approach of using tax policy to influence the behaviour of taxpayers and advisers. Given the need to pay the tax much sooner, it is hoped that the appetite for such avoidance schemes will be reduced.

This guidance note covers the rules which apply to APNs which are issued to individuals. It does not cover APNs issued to partners and partnerships, known as partner payment notices (PPNs). The procedure for PPNs is slightly different, see section 2.16 of the HMRC guidance  and Simon’s Taxes A7.248C (subscription sensitive).

Summary

With effect from 17 July 2014, HMRC has the power to require accelerated tax payments via an APN where the tax arrangement producing the tax advantage is under enquiry or appeal and:

  • arises from a notifiable arrangement under the DOTAS rules, and has been given a DOTAS number
  • been subject to a follower notice, or
  • a GAAR counteraction notice has been given

The taxpayer has 90 days from the date the APN was given to:

    More on Tax administration: