Paragraph 26

United Kingdom

(1)

This paragraph applies where HMRC decide to impose a penalty under paragraph 25 F1or 25A on a person.

(2)

HMRC must give the person notice of—

(a)

their decision to impose the penalty and its amount,

(b)

the reasons for imposing the penalty,

(c)

the right to a review under F2paragraph 26A, and

(d)

the right to appeal under F3this paragraph.

F4(3)

The person may appeal to the tribunal against the decision in accordance with paragraph 26F.

(4)

On the appeal the tribunal may—

(a)

set aside the decision appealed against, and

(b)

impose any penalty that could have been imposed by HMRC or remit the matter to HMRC.

(5)

In this paragraph, and in paragraphs 26A to 26F, “tribunal” means the First-tier Tribunal or, where so provided by or determined under Tribunal Procedure Rules, the Upper Tribunal.

(6)

Section 85 of the Value Added Tax Act 1994 (settling appeals by agreement) shall apply to appeals under this paragraph as if the reference to section 83 of that Act included a reference to this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 26(1) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 10(1)
F2: Words in Sch. 7 para. 26(2)(c) substituted (1.4.2009) by Revenue and Customs Appeals Order 2009 (S.I. 2009/777), art. 1, Sch. para. 2(3)(a)
F3: Words in Sch. 7 para. 26(2)(d) substituted (1.4.2009) by Revenue and Customs Appeals Order 2009 (S.I. 2009/777), art. 1, Sch. para. 2(3)(b)
F4: Sch. 7 para. 26(3)-(6) substituted (1.4.2009) by Revenue and Customs Appeals Order 2009 (S.I. 2009/777), art. 1, Sch. para. 2(4)

Notes on Imposition of penalty by HMRC: procedure ...

Textual amendments

F1: Words in Sch. 7 Pt. 6 cross-heading omitted (1.4.2009) by virtue of Revenue and Customs Appeals Order 2009 (S.I. 2009/777), art. 1, Sch. para. 2(2)