HMRC publish consultation on draft regulations to amend the reformed penalty system for late payment of tax
A new penalty system for late payment of tax has applied for VAT taxpayers since 1 January 2023 and also now applies to Income Tax Self-Assessment taxpayers using the Making Tax Digital service (either in the pilot that has been running since April 2024, or from mandation from April 2026 onwards). On 14 May 2024, in relation to this new penalty regime, HMRC published “The Penalties for Failure to Pay Tax (Assessments) Regulations 2024opens in a new tab” in draft for consultation. These draft regulations are aimed at taxpayers who “intentionally avoid a second Late Payment Penalty by not paying their tax before the end of the two year time limit”. This is possible because currently, the legislation only allows HMRC to assess the second late payment penalty once, when the amount of outstanding tax is paid in full, within a two year assessment time limit. The draft regulations will also allow HMRC to assess and charge the second late payment penalty where the outstanding tax has not been paid in full, towards the end of the two year time limit. The draft regulations are open for comment until 10 June 2024.