The penalty regime introduced by FA 2009, Sch. 56 only applies from 6 April 2011 to late payments of income tax and capital gains tax for 2010–11 and later. For late payments of income tax and capital gains tax before that date, a surcharge regime applied under former TMA 1970, s. 59C.

Surcharges applied to tax payable under TMA 1970, s. 55 (recovery of tax postponed pending an appeal) and tax payable under TMA 1970, s. 59B (balancing payment for the year: see ¶182-750) (former TMA 1970, s. 59C(1)).

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