Accelerated payment notices

Produced by Tolley
Accelerated payment notices

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

  • Accelerated payment notices
  • Introduction
  • Summary
  • Scope of the accelerated payment rules
  • Criteria for issue of an APN
  • APNs and group loss relief
  • Options open to the taxpayer on receipt of an APN
  • Right of appeal
  • Penalties
  • Interest
  • More...

Introduction

Accelerated payment notices (APNs) were introduced with effect from 17 July 2014 and allow HMRC to require early payments of disputed tax and / or national insurance contributions (NIC) in relation to certain tax avoidance cases. HMRC can issue 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 was hoped that the appetite for such avoidance schemes would be reduced.

The rules for APNs were extended with effect from 26 March 2015 to deal with cases where companies surrender losses under the group relief rules. Further information on how APNs operate in the context of group relief is provided below.

This guidance note covers the rules which apply to APNs that are issued to individuals or companies (including APNs which relate to PAYE and NIC liabilities issued to such persons as employers). 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.

References in this guidance note to ‘taxpayer’ include corporate taxpayers (ie where the APN has been issued to a company).

Summary

HMRC can require accelerated tax payments via an APN where the tax arrangement producing the tax advantage is under enquiry or appeal and either:

  1. the chosen arrangements are notifiable under the DOTAS rules and have been notified

  2. HMRC has given a follower notice in relation to the same matter, or

  3. a GAAR counteraction notice has been given in relation to the

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