| Guvnor

Enforced by: WRA
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 11 of 58 obligations carry an unlimited fine. 15 carry different penalties and 32 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person29 Trader1 Applicant1

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Applicant — also bound by 307 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

OVERVIEW

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.001 Overview of Act

Part 2

THE WELSH REVENUE AUTHORITY

16 of 36 sections shown

s.003 Membership Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must appoint members to the Welsh Revenue AuthorityCrown / Minister / Government department

s.005 Terms of non-executive membership Regulated

Other duties (1) — Crown / regulator

WRA must determine and pay remuneration and expenses to non-executive membersStatutory regulator

s.006 Appointment of elected executive member Regulated

Other duties (1) — Crown / regulator

WRA must hold staff elections for an executive board memberStatutory regulator

s.010 Procedure Regulated

Other duties (1) — Crown / regulator

WRA must establish its own operating rules and meeting requirementsStatutory regulator

s.012 Main functions Regulated

Other duties (1) — Crown / regulator

WRA must collect taxes and support taxpayers with informationStatutory regulator

s.015 General directions Regulated

Other duties (1) — Crown / regulator

Welsh Revenue Authority must comply with general Ministerial directionsStatutory regulator

s.017 Confidentiality of protected taxpayer information Imprisonment

Other duties (1) — Crown / regulator

WRA and delegates must keep taxpayer information confidentialStatutory regulator

s.019 Declaration of confidentiality Regulated

Relevant officials must make a declaration of tax confidentialityTrader

s.023 Funding Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must fund the Welsh Revenue AuthorityCrown / Minister / Government department

s.025 Payments of receipts into Welsh Consolidated Fund Regulated

Other duties (1) — Crown / regulator

WRA must pay collected devolved taxes into the Welsh Consolidated FundStatutory regulator

s.026 Charter of standards and values Regulated

Other duties (1) — Crown / regulator

WRA must publish and follow a Charter of standards and valuesStatutory regulator

s.027 Corporate plan Regulated

Other duties (1) — Crown / regulator

WRA must prepare and publish a corporate plan each planning periodStatutory regulator

s.028 Annual report Regulated

Other duties (1) — Crown / regulator

WRA must publish an annual report on tax functions and service standardsStatutory regulator

s.029 Accounts Regulated

Other duties (1) — Crown / regulator

WRA must maintain accounting records and prepare annual accountsStatutory regulator

s.030 Tax Statement Regulated

Other duties (1) — Crown / regulator

WRA must publish an annual Tax StatementStatutory regulator

s.031 Audit Regulated

Other duties (1) — Crown / regulator

WRA must submit annual accounts and Tax Statements for auditStatutory regulator

20 other sections in this Part — procedural and definitional

s.002 The Welsh Revenue Authority

s.004 Disqualification for appointment as non-executive member

s.007 Removal of members etc.

s.008 Committees and sub-committees

s.009 Chief executive and other staff

s.011 Validity of proceedings and acts

s.013 Internal authorisation to carry out functions

s.014 Delegation of functions

s.016 Use of information by WRA and delegates

s.018 Permitted disclosures

s.020 Offence of wrongful disclosure of protected taxpayer information

s.021 Court proceedings

s.022 Evidence

s.024 Rewards

s.024 Payments of net proceeds of the visitor levy to principal councils

s.032 Examination into use of resources

s.033 Accounting officer

s.034 Welsh public records

s.035 Public Services Ombudsman

s.036 Auditor General for Wales

Part 3

TAX RETURNS, ENQUIRIES AND ASSESSMENTS

7 of 50 sections shown

s.038 Duty to keep and preserve records: cases where a tax return is required Prosecution

Keep and preserve records for tax returnsAny Person

Fine up to £3,000

s.038 Duty to keep and preserve records: land transactions in respect of which no tax return is required. Regulated

Keep and preserve records for land transactions not needing a tax returnAny Person

s.049 Effect of determination Regulated

Other duties (1) — Crown / regulator

WRA must apply referral determinations to tax enquiriesStatutory regulator

s.061 Assessment procedure Regulated

Pay tax assessments within 30 daysAny Person

s.068 Making claims Regulated

Follow specific procedures when making a tax claim to the WRAApplicant

s.075 Completion of enquiry Regulated

Other duties (1) — Crown / regulator

WRA must issue a closure notice to complete a tax enquiryStatutory regulator

s.077 Giving effect to amendments under section 75 Regulated

Other duties (1) — Crown / regulator

WRA must adjust tax records after an enquiry is completedStatutory regulator

43 other sections in this Part — procedural and definitional

s.037 Overview of Part

s.039 Preservation of information etc.

s.039 Power to make regulations about records

s.040 Meaning of “filing date”

s.041 Amendment of tax return by taxpayer

s.042 Correction of tax return by WRA

s.043 Notice of enquiry

s.044 Scope of enquiry

s.045 Amendment of tax return during enquiry to prevent loss of tax

s.045 Amendment of tax return by taxpayer when enquiry is in progress

s.046 Referral of questions to tribunal during enquiry

s.047 Withdrawal of referral

s.048 Effect of referral on enquiry

s.050 Completion of enquiry

s.051 Direction to complete enquiry

s.052 Determination of tax chargeable if no tax return made

s.053 Determination superseded by tax return

s.054 Assessment where loss of tax

s.055 Assessment to recover excessive repayment of tax

s.055 Assessment in relation to tax credit

s.056 References to “WRA assessment”

s.057 References to the “taxpayer”

s.058 Conditions for making WRA assessments

s.059 Time limits for WRA assessments

s.060 Situations brought about carelessly or deliberately

s.062 Claim for relief in case of double assessment

s.063 Claim for relief for overpaid tax etc.

s.063 Claim for relief in respect of land transaction tax: regulations ceasing to have effect

s.064 Disallowing claims for relief due to unjustified enrichment

s.065 Unjustified enrichment: further provision

s.066 Unjustified enrichment: reimbursement arrangements

s.067 Cases in which WRA need not give effect to a claim

s.069 Duty to keep and preserve records

s.070 Preservation of information etc.

s.071 Amendment of claim by claimant

s.072 Correction of claim by WRA

s.073 Giving effect to claims and amendments

s.074 Notice of enquiry

s.076 Direction to complete enquiry

s.078 Time limit for making claims

s.079 The claimant: partnerships

s.080 Assessment of claimant in connection with claim

s.081 Contract settlements

Part 3

GENERAL ANTI-AVOIDANCE RULE : DEVOLVED TAXES

0 of 9 sections shown

9 other sections in this Part — procedural and definitional

s.081 Meaning of ““general anti-avoidance rule”” and overview

s.081 Tax avoidance arrangements

s.081 Artificial tax avoidance arrangements

s.081 Meaning of ““tax”” and “tax advantage

s.081 Adjustments to counteract tax advantages

s.081 Notice of proposed counteraction

s.081 Final counteraction notice

s.081 Proceedings in connection with the general anti-avoidance rule

s.081 General anti-avoidance rule: commencement and transitional provision

Part 4

INVESTIGATORY POWERS OF WRA

21 of 38 sections shown

s.094 Time limit for issuing a tribunal approved information notice Regulated

Other duties (1) — Crown / regulator

WRA must issue tribunal-approved information notices within set deadlinesStatutory regulator

s.095 Complying with an information notice Regulated

Comply with a WRA information noticeAny Person

s.100 Taxpayer notices following a tax return

amended 7 times (opens in a new tab)

s.101 Protection for privileged communications between legal advisers and clients

amended 5 times (opens in a new tab)

s.102 Protection for tax advisers and auditors

amended 2 times (opens in a new tab)

s.103 Power to inspect business premises

amended 3 times (opens in a new tab)

s.103 Further power to inspect business premises: landfill disposals tax

amended 3 times

s.103 Further power to inspect premises: taxable disposals made at places other than authorised landfill sites

amended 3 times

s.104 Carrying out inspections under section 103 , 103A or 103B : further provision

amended 5 times (opens in a new tab)

s.105 Carrying out inspections under section 103 , 103A or 103B : use of equipment and materials Regulated

Other duties (1) — Crown / regulator

WRA must provide notice when using equipment for tax inspectionsStatutory regulator

amended 5 times (opens in a new tab)

s.106 Power to inspect premises or property for valuation etc.

amended 2 times (opens in a new tab)

s.107 Producing authorisation to carry out inspections Regulated

Other duties (1) — Crown / regulator

WRA inspectors must produce authority on requestStatutory regulator

amended 3 times (opens in a new tab)

s.108 Approval of tribunal for inspection of premises

amended 7 times (opens in a new tab)

s.109 Power to mark assets and to record information

amended 2 times (opens in a new tab)

s.110 Restriction on inspection of documents

amended 2 times (opens in a new tab)

s.111 Interpretation of Chapter 4

amended 4 times (opens in a new tab)

s.112 Power to copy and remove documents

amended 2 times (opens in a new tab)

s.113 Further provision about records

amended 2 times (opens in a new tab)

s.114 Offence of concealing etc. documents following information notice Imprisonment

Conceal, destroy or dispose of documents after an information noticeAny Person

2 years imprisonment · amended 2 times (opens in a new tab)

s.115 Offence of concealing etc. documents following notification Imprisonment

Conceal or destroy a document after tax authority notificationAny Person

2 years imprisonment · amended 2 times (opens in a new tab)

s.116 No review or appeal of tribunal approvals

amended 3 times (opens in a new tab)

17 other sections in this Part — procedural and definitional

s.082 Overview of Part

s.083 Information notices

s.084 Meaning of “tax position”

s.084 Meaning of “prejudice to the assessment or collection of WRA-collected tax”

s.085 Meaning of “carrying on a business”

s.086 Taxpayer notices

s.087 Third party notices

s.088 Tribunal approval of taxpayer notices and third party notices

s.089 Power to require information and documents about persons whose identity is not known

s.090 Requiring information and documents in relation to a group of undertakings

s.091 Requiring information and documents in relation to a partnership

s.092 Power to obtain information to enable a person's identity to be ascertained

s.093 Power to obtain contact details for debtors

s.096 Producing copies of documents

s.097 Information notices: general restrictions

s.098 Protection for journalistic material

s.099 Protection for personal records

Part 5

PENALTIES

55 of 55 sections shown

s.117 Overview of Part

amended 2 times (opens in a new tab)

s.117 Interpretation and application of this Part in relation to the visitor levy

amended 2 times

s.118 Penalty for failure to make devolved tax return on or before filing date Prosecution

Fail to file devolved tax return on timeAny Person

Fine up to £100 · amended 6 times (opens in a new tab)

s.118 Penalties for multiple failures to make tax returns in respect of landfill disposals tax Prosecution

Fail to file landfill disposals tax return on timeAny Person

Fine up to £400 · amended 6 times

s.119 Penalty for failure to make tax devolved return within 6 months from filing date Prosecution

Fail to file devolved tax return within 6 monthsAny Person

Unlimited fine · amended 4 times (opens in a new tab)

s.120 Penalty for failure to make devolved tax return within 12 months from filing date Prosecution

Fail to file devolved tax return within 12 monthsAny Person

Unlimited fine · amended 6 times (opens in a new tab)

s.120 Penalty point for failure to make visitor levy return on or before filing date Regulated

Fail to file visitor levy return on timeAny Person

amended 6 times

s.120 Financial penalty where penalty points have been awarded Prosecution

Exceed penalty point threshold and incur £100 fineAny Person

Fine up to £100 · amended 6 times

s.120 Expiry of penalty points

amended 6 times

s.120 Changing frequency of filing of returns when provider has penalty point

amended 6 times

s.120 Financial penalty for failure to make visitor levy return within 6 months from filing date Prosecution

Fail to submit visitor levy return within 6 monthsAny Person

Fine up to £100 · amended 6 times

s.120 Financial penalty for failure to make visitor levy return within 12 months from filing date Prosecution

Fail to file visitor levy return within 12 monthsAny Person

Unlimited fine · amended 6 times

s.120 Penalty points and penalties: persons that have ceased to be a VAP Prosecution

Late visitor levy tax returns for former accommodation providersAny Person

Unlimited fine · amended 6 times

s.120 Penalty points: partnerships and other unincorporated bodies

amended 6 times

s.121 Reduction in penalty for failure to make tax return: disclosure

amended 4 times (opens in a new tab)

s.122 Penalty for failure to pay tax on time Prosecution

Failure to pay Welsh devolved taxes on timeAny Person

Fine up to £5,000 · amended 11 times (opens in a new tab)

s.122 Further penalties for continuing failure to pay devolved tax Prosecution

Fail to pay devolved tax – additional 5% penaltiesAny Person

Unlimited fine · amended 11 times

s.122 Further penalties for continuing failure to pay visitor levy

amended 11 times

s.122 Penalty for multiple failures to pay landfill disposals tax on time Prosecution

Multiple late payments of landfill disposals taxAny Person

Unlimited fine · amended 11 times

s.123 Suspension of penalty for failure to pay tax during currency of agreement for deferred payment

amended 3 times (opens in a new tab)

s.123 Penalty for failure to pay amount payable in respect of tax credit on time Prosecution

Fail to pay tax credit amount on timeAny Person

Unlimited fine · amended 3 times

s.124 Interaction of penalties

amended 3 times (opens in a new tab)

s.125 Special reduction in penalty under Chapter 2

amended 3 times (opens in a new tab)

s.126 Reasonable excuse for failure to make tax return or pay tax or amount payable in respect of tax credit

amended 8 times (opens in a new tab)

s.127 Assessment of penalties under Chapter 2

amended 14 times (opens in a new tab)

s.128 Time limit for assessment of penalties under Chapter 2

amended 12 times (opens in a new tab)

s.129 Penalty for inaccuracy in document given to WRA Prosecution

Submit inaccurate tax document to Welsh Revenue AuthorityAny Person

Unlimited fine · amended 4 times (opens in a new tab)

s.130 Amount of penalty for inaccuracy in document given to WRA

amended 4 times (opens in a new tab)

s.131 Suspension of penalty for careless inaccuracy

amended 2 times (opens in a new tab)

s.132 Penalty for deliberate inaccuracy in document given to WRA by another person Prosecution

Deliberately cause inaccurate tax filingAny Person

Unlimited fine · amended 5 times (opens in a new tab)

s.133 Penalty for failure to notify under-assessment or under-determination Prosecution

Fail to notify tax under‑assessment to WRAAny Person

Unlimited fine · amended 4 times (opens in a new tab)

s.134 Meaning of “potential lost revenue”

amended 2 times (opens in a new tab)

s.135 Potential lost revenue: normal rule

amended 5 times (opens in a new tab)

s.136 Potential lost revenue: multiple errors

amended 4 times (opens in a new tab)

s.137 Potential lost revenue: losses

amended 2 times (opens in a new tab)

s.138 Potential lost revenue: delayed tax

amended 2 times (opens in a new tab)

s.139 Reduction in penalty under Chapter 3 for disclosure

amended 3 times (opens in a new tab)

s.140 Special reduction in penalty under Chapter 3

amended 2 times (opens in a new tab)

s.141 Assessment of penalties under Chapter 3

amended 4 times (opens in a new tab)

s.142 Interpretation of Chapter 3

amended 3 times (opens in a new tab)

s.143 Penalty for failure to keep and preserve records

amended 3 times (opens in a new tab)

s.144 Reasonable excuse for failure to keep and preserve records

amended 3 times (opens in a new tab)

s.145 Assessment of penalties under section 143 Prosecution

Fail to keep and preserve required tax recordsAny Person

Fine up to £3,000 · amended 3 times (opens in a new tab)

s.146 Penalty for failure to comply with information notice or obstruction Prosecution

Fail to comply with information notice or obstruct inspectionAny Person

Fine up to £300 · amended 2 times (opens in a new tab)

s.147 Daily default penalty for failure to comply with information notice or obstruction

amended 2 times (opens in a new tab)

s.148 Effect of extension of time limit for compliance

amended 2 times (opens in a new tab)

s.149 Reasonable excuse for failure to comply or obstruction

amended 2 times (opens in a new tab)

s.150 Increased daily default penalty for failure to comply with information notice Prosecution

Failure to comply with an unidentified third party information noticeAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.151 Tax-related penalty for failure to comply with information notice or obstruction Prosecution

Additional tax penalty for continued non‑compliance with information noticeAny Person

Unlimited fine · amended 6 times (opens in a new tab)

s.152 Penalty for inaccurate information or documents Prosecution

Provide inaccurate information or documents to HMRCAny Person

Fine up to £3,000 · amended 2 times (opens in a new tab)

s.153 Assessment of penalties under Chapter 5

amended 2 times (opens in a new tab)

s.154 Payment of penalties Regulated

Failure to pay tax penalties on timeAny Person

amended 3 times (opens in a new tab)

s.154 Liability of personal representatives

amended 3 times

s.155 Double jeopardy

amended 2 times (opens in a new tab)

s.156 Power to make regulations about penalties

amended 2 times (opens in a new tab)

Part 6

INTEREST

9 of 9 sections shown

s.157 Late payment interest on WRA-collected taxes

amended 5 times (opens in a new tab)

s.157 Late payment interest on penalties

amended 5 times

s.157 Late payment interest on amounts payable in respect of tax credit

amended 5 times

s.158 Late payment interest: supplementary

amended 4 times (opens in a new tab)

s.159 Late payment interest start date: amendments to assessments etc.

amended 2 times (opens in a new tab)

s.160 Late payment interest start date: death of taxpayer

amended 3 times (opens in a new tab)

s.161 Repayment interest on amounts payable by WRA

amended 5 times (opens in a new tab)

s.162 Repayment interest: supplementary

amended 2 times (opens in a new tab)

s.163 Rates of late payment interest and repayment interest

amended 2 times (opens in a new tab)

Part 7

PAYMENT AND ENFORCEMENT

7 of 7 sections shown

s.164 Meaning of “relevant amount”

amended 5 times (opens in a new tab)

s.165 Relevant amounts payable to WRA

amended 2 times (opens in a new tab)

s.166 Receipts for payment Regulated

Other duties (1) — Crown / regulator

WRA must provide a receipt for tax payments upon requestStatutory regulator

amended 2 times (opens in a new tab)

s.167 Fees for payment

amended 2 times (opens in a new tab)

s.168 Certificates of debt

amended 2 times (opens in a new tab)

s.169 Proceedings in magistrates' court

amended 8 times (opens in a new tab)

s.170 Enforcement by taking control of goods

amended 3 times (opens in a new tab)

Part 8

REVIEWS AND APPEALS

25 of 25 sections shown

s.171 Overview of Part

amended 1 time (opens in a new tab)

s.172 Appealable decisions

amended 16 times (opens in a new tab)

s.173 Requesting a review

amended 2 times (opens in a new tab)

s.174 Time limit for requesting a review Regulated

Other duties (1) — Crown / regulator

WRA must review tax decisions within 30 days of a valid requestStatutory regulator

amended 2 times (opens in a new tab)

s.175 Late request for review Regulated

Other duties (1) — Crown / regulator

WRA must review tax decisions if late request has a reasonable excuseStatutory regulator

amended 2 times (opens in a new tab)

s.176 Carrying out a review Regulated

Other duties (1) — Crown / regulator

WRA must conclude decision reviews and notify you within 45 daysStatutory regulator

amended 2 times (opens in a new tab)

s.177 Effect of conclusions of review

amended 2 times (opens in a new tab)

s.178 Making an appeal

amended 4 times (opens in a new tab)

s.179 Time limit for making an appeal

amended 3 times (opens in a new tab)

s.180 Making a late appeal

amended 2 times (opens in a new tab)

s.181 Determining an appeal Regulated

Other duties (1) — Crown / regulator

Tribunal must determine tax appeals by upholding, changing, or cancelling themTribunal / Court

amended 2 times (opens in a new tab)

s.181 Review or appeal not to affect requirement to pay

amended 2 times

s.181 Postponement requests

amended 2 times

s.181 Time limit for making a postponement request

amended 2 times

s.181 Late postponement request

amended 2 times

s.181 Application for tribunal review of decision on a postponement request

amended 2 times

s.181 Variation after postponement request granted

amended 2 times

s.181 Effect of postponement Regulated

Other duties (1) — Crown / regulator

WRA must pause tax collection during a postponement periodStatutory regulator

amended 2 times

s.181 Postponement requests relating to further appeals

amended 2 times

s.181 No further appeal or review of tribunal decisions relating to postponement requests

amended 2 times

s.181 Application of this Chapter to amounts payable in respect of tax credit

amended 2 times

s.182 Payment of penalties in the event of a review or appeal

amended 8 times (opens in a new tab)

s.183 Disposal of reviews and appeals in respect of information notices Regulated

Comply with an information notice following a review or appealAny Person

amended 3 times (opens in a new tab)

s.183 Suspension of repayment pending further appeal

amended 3 times

s.184 Settling disputes by agreement

amended 2 times (opens in a new tab)

Part 9

INVESTIGATION OF CRIMINAL OFFENCES

3 of 3 sections shown

s.185 Powers to investigate criminal offences

amended 2 times (opens in a new tab)

s.186 Proceeds of crime

amended 2 times (opens in a new tab)

s.187 Regulation of investigatory powers

amended 2 times (opens in a new tab)

Part 10

FINAL PROVISIONS

10 of 10 sections shown

s.187 Crown application for the purposes of Land Transaction Tax

amended 2 times

s.187 Crown application for the purposes of the visitor levy

amended 2 times

s.188 Power to make consequential etc. provision

amended 1 time (opens in a new tab)

s.189 Regulations

amended 3 times (opens in a new tab)

s.190 Issue of notices by WRA

amended 10 times (opens in a new tab)

s.191 Giving notices and other documents to WRA

amended 7 times (opens in a new tab)

s.192 Interpretation

amended 9 times (opens in a new tab)

s.193 Index of defined expressions

amended 8 times (opens in a new tab)

s.194 Coming into force

amended 1 time (opens in a new tab)

s.195 Short title

amended 1 time (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

Starting a business in Wales

Comprehensive guide to Wales-specific requirements when starting a business. Covers the key regulatory divergences from England, including business rates, the Welsh language, …

Quick check: Wales-specific requirements

Quick checklist of key Wales-specific differences from England. Check business rates, planning, Welsh language, environmental permits, workplace recycling, and Land Transaction Tax.

Land Transaction Tax in Wales

How Land Transaction Tax (LTT) works in Wales, including current rates for residential, non-residential, and additional property purchases. LTT replaced Stamp Duty …

1 more guide that reference this instrument

Doing business in Wales: key differences from England

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Tax Collection and Management (Wales) Act 2016

Does it bind you?

Other Acts binding the same actors

What it requires

OVERVIEW

THE WELSH REVENUE AUTHORITY

TAX RETURNS, ENQUIRIES AND ASSESSMENTS

GENERAL ANTI-AVOIDANCE RULE : DEVOLVED TAXES

INVESTIGATORY POWERS OF WRA

PENALTIES

INTEREST

PAYMENT AND ENFORCEMENT

REVIEWS AND APPEALS

INVESTIGATION OF CRIMINAL OFFENCES

FINAL PROVISIONS

Help complying

Starting a business in Wales

Quick check: Wales-specific requirements

Land Transaction Tax in Wales