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Late payment penalties for VAT depend on days overdue, determined by the due date for VAT returns and assessments. The first penalty is 3% of the unpaid amount on day 15, 2% on day 15, and 3% on day 30 if no Time to Pay (TTP) application is made. The second penalty is 10% annual rate on outstanding amount, 4% on day 31. HMRC may assess penalties at intervals, with assessments made 7 days before the 2-year time limit.
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Content accuracy validation date: 26.08.2025
Content accuracy validation time: 08:08h

Late payment penalties for VAT depend on days overdue, determined by the due date for VAT returns, assessments, etc. (per CH193080). Day 1 is the first day after the due date.

First Late Payment Penalty

After Day 15: If VAT remains unpaid and no Time to Pay (TTP) application is made:

  • For tax due on/after 31 May 2025 (unless period began before 1 Apr 2025): 3% of amount unpaid on day 15.
  • For tax due on/before 30 May 2025 or periods starting before 1 Apr 2025: 2% of amount unpaid on day 15.

After Day 30: If still unpaid and no TTP:

  • Due on/after 31 May 2025: 3% of day 15 amount + 3% of day 30 amount.
  • Due on/before 30 May 2025 or pre-1 Apr 2025 periods: 2% of day 15 amount + 2% of day 30 amount.
  • Penalty charged after day 30, based on one or both percentages.

Second Late Payment Penalty

  • From Day 31: If VAT remains unpaid and no TTP:
  • Due on/after 31 May 2025: 10% annual rate on outstanding amount.
  • Due on/before 30 May 2025 or pre-1 Apr 2025 periods: 4% annual rate.
  • Accrues daily from day 31 until full payment or successful TTP proposal.
  • HMRC may assess penalties at intervals (per regulations). Under The Penalties for Failure to Pay Tax (Schedule 26 to Finance Act 2021) (Assessments) Regulations 2024 (effective 4 Dec 2024), assessments can be made for unpaid tax from 7 days before the 2-year time limit.

Late Payment Penalties Table (for periods starting after 1 Apr 2025, due after 31 May 2025)

Penalty

 

 

Days Overdue

Customer Situation

 

Penalty Position

No Penalty

 

 

Up to 15

 Pays in full or proposes TTP*

 

No penalty charged

First Penalty

 

 

16–30

 Pays in full

 

3% of amount unpaid on day 15

First Penalty

 

 

16–30

 Proposes TTP*

 

3% of amount unpaid on day 15

First Penalty

 

 

16–30

 No payment or TTP*

 

3% of day 15 amount + 3% of day 30 amount

Second Penalty

 

 

31+

 Pays in full or proposes TTP*

 

10% annual rate from day 31 until payment/TTP; calculated on final day’s balance

Second Penalty

 

 

31+

 No payment or TTP* by 2-year limit

 

10% annual rate from day 31 until assessment (7 days before 2-year limit); based on final day’s balance

 

Note: TTP proposal must be agreed and upheld. For periods starting before 1 Apr 2025 or due on/before 30 May 2025, rates are 2% (first penalty) and 4% (second penalty).

References:

  • FA21/SCH26/PARA 4: No penalty
  • FA21/SCH26/PARA 7: First Penalty
  • FA21/SCH26/PARA 8: Second Penalty
  • The Penalties for Failure to Pay Tax (SCH26 FA 21) (Assessments) Regulations 2024
  • The Finance Act 2021 (Increase in Schedule 26 Penalty Percentages) Regulations 2025

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