Section 52 | Rate Of Interest Applicable To Judgment Debts Etc In Taxation Matters | Finance No 2 Act 2015 C33

52 Rate of interest applicable to judgment debts etc in taxation matters

Finance (No 2) Act 2015 (2015 c 33) | Legislation

52 Rate of interest applicable to judgment debts etc in taxation matters

(1) This section applies if a sum payable to or by the Commissioners under a judgment or order given or made in any court proceedings relating to a taxation matter (a “tax-related judgment debt”) carries interest as a result of a relevant enactment.

(2) The “relevant enactments” are—

(a) section 17 of the Judgments Act 1838 (judgment debts to carry interest), and

(b) any order under section 74 of the County Courts Act 1984 (interest on judgment debts etc).

(3) The relevant enactment is to have effect in relation to the tax-related judgment debt as if for the rate specified in section 17(1) of the Judgments Act 1838 and any other rate specified in an order under section 74 of the County Courts Act 1984 there were substituted—

(a) in the case of a sum payable to the Commissioners, the late payment interest rate provided for in regulations made by the Treasury under section 103(1) of FA 2009, and

(b) in the case of a sum payable by the Commissioners, the special repayment rate.

(4) Subsection (3) does not affect any power of the court under the relevant