959AO Date for payment of income tax.

(1) Subject to section 959AP, preliminary tax appropriate to a tax year for income tax purposes is due and payable on or before 31 October in the tax year.

(2) (a) Subject to subsections (3) to (6), income tax payable by a chargeable person for a tax year shall be due and payable on or before the specified return date for the tax year whether or not an assessment is made on or by the chargeable person for the tax year on or before that date.

(b) Where an assessment to income tax for a tax year has not been made on or by a chargeable person on or before the specified return date for the tax year then ^[2]>the tax specified^<[2][2]>the amount of tax payable that is specified^<[2] in any subsequent assessment made on or by the chargeable person for that year shall be deemed to have been due and payable on or before the specified return date for the tax year.

(3) Income tax payable by a chargeable person for a tax year shall be deemed to have been due and payable on 31 October in the tax year where—

(a) the chargeable person has defaulted in the payment of preliminary tax for the tax year,

(b) the preliminary tax paid by the chargeable person for the tax year is less than, or less than the least of, as the case may be—

(i) 90 per cent of the income tax payable by the chargeable person for the tax year,

(ii) the income tax payable by the chargeable person for the preceding tax year, and

(iii) in the case of a chargeable person to whom section 959AP applies (other than a chargeable person in relation to whom the amount of income tax payable, or taken in accordance with subsection (4)(a) to be payable, for the pre-preceding tax year was nil), 105 per cent of the income tax payable by the chargeable person for the pre-preceding tax year,

or

(c) the preliminary tax payable by the chargeable person for the tax year was not paid by 31 October in the tax year.

(4) For the purposes of subparagraphs (ii) and (iii) of subsection (3)(b)—

(a) subject to subsection (5), where the chargeable person was not a chargeable person for the preceding tax year or for the pre-preceding tax year, the income tax payable for the preceding year or the pre-preceding year, as the case may be, shall be taken to be nil,

(b) where, after 31 October in a tax year, an amount of additional income tax for the preceding tax year or, in the case of a chargeable person to whom section 959AP applies, the pre-preceding tax year becomes payable, that additional income tax shall not be taken into account if it became due and payable one month following the amendment to the assessment or the determination of the appeal, as the case may be, by virtue of section 959AU(2) or section 959AV(2), and

(c) the tax payable for the preceding tax year, or in the case of a chargeable person to whom section 959AP applies, the pre-preceding tax year, shall be determined without regard to any relief to which the chargeable person is or may become entitled for the preceding year or the pre-preceding year, as the case may be, under section 481 or Part 16.

(5) Where, for a tax year, a chargeable person is assessed to income tax in accordance with section 1017 or 1031C, and that person was not so assessed for the preceding tax year or for the pre-preceding tax year or for both of those years either—

(a) because the person’s spouse or civil partner was so assessed for either or both of those years, or

(b) because the person and the person’s spouse or civil partner were assessed to income tax in accordance with section 1016 or 1023, or section 1031B or 1031H, as the case may be, for either or both of those years, subparagraphs (ii) and (iii) of subsection (3)(b) and subsection (4)(a) apply as if the person and the person’s spouse or civil partner had elected in accordance with section 1018, 1019 or 1031D, as the case may be, for the person to be assessed to income tax in accordance with section 1017 or 1031C for any of those years for which the person or the person’s spouse or civil partner were entitled to so elect or, in the case of married persons, would have been so entitled if section 1019 had applied.

(6) (a) Where, in relation to a tax year, the profits or gains of a corresponding period relating to the preceding tax year are taken to be the profits or gains of that preceding tax year in accordance with section 65(3), then, notwithstanding that the assessment for that preceding tax year has not been amended, any income tax payable for that preceding tax year which exceeds the income tax due and payable for that year without regard to the operation of section 65(3) is due and payable on or before the specified return date for the tax year.

(b) An amount of income tax to which paragraph (a) applies shall not be taken into account for the purposes of subsection (3).

(c) Notwithstanding section 959AU, where, in relation to a tax year, any additional tax for the preceding tax year is due and payable by virtue of an amendment of the assessment for that year made in accordance with section 65(3), then, such additional tax as specified in the amendment to the assessment for that year shall be deemed to have been due and payable on or before the specified return date for the tax year.