Paragraph 48

United Kingdom

(1)

If the appellant has grounds for believing that the amendment or assessment overcharges the appellant to tax, or as a result of the conclusion stated in the closure notice the tax charged on the appellant is excessive, the appellant may—

(a)

first apply by notice in writing to HMRC within 30 days of the specified date for a determination by them of the amount of tax the payment of which should be postponed pending the determination of the appeal, and

(b)

if the appellant does not agree with a determination made by HMRC under paragraph (a), refer the application for postponement to the tribunal within 30 days from the date of the document notifying HMRC's determination.

(2)

An application under sub-paragraph (1)(a) must state the amount believed to be overcharged to tax and the grounds for that belief.

(3)

An application may be made more than 30 days after the specified date if there is a change in the circumstances of the case as a result of which the appellant has grounds for believing that it is overcharged to tax by the decision appealed against.

(4)

If, after an application under sub-paragraph (1) has been determined, there is a change in the circumstances of the case as a result of which either party has grounds for believing that the amount determined has become either excessive or insufficient, that party may (if the parties cannot agree on a revised determination) apply to the tribunal for a revised determination of that amount.

(5)

An application under sub-paragraph (4) may be made at any time before the determination of the appeal.

(6)

An application under this paragraph is to be subject to the relevant provisions of Part 5 of the Taxes Management Act 1970 (see, in particular, section 48(2)(b) of that Act).

(7)

The amount of tax of which payment is to be postponed pending the determination of the appeal is the amount (if any) by which it appears that there are reasonable grounds for believing that the appellant is overcharged.

(8)

Where an application under this paragraph has been determined, section 163 has effect in relation to any tax of which payment is not postponed as if—

(a)

the tax were payable in accordance with an assessment under paragraph 22 issued on the date on which the application was determined, and

(b)

there was no appeal against that assessment.

F1(8A)

Sub-paragraphs (8B) and (8C) apply where a person has been given an accelerated payment notice under Chapter 3 of Part 4 of FA 2014 and that notice has not been withdrawn.

(8B)

Nothing in this paragraph enables the postponement of the payment of (as the case may be)—

(a)

the understated tax to which the payment specified in the notice under section 220(2)(b) of that Act relates, or

(b)

the disputed tax specified in the notice under section 221(2)(b) of that Act.

C1(8C)

Accordingly, if the payment of an amount of tax within sub-paragraph (8B)(b) is postponed by virtue of this paragraph immediately before the accelerated payment notice is given, it ceases to be so postponed with effect from the time that notice is given, and the tax is due and payable—

(a)

if no representations were made under section 222 of that Act in respect of the notice, on or before the last day of the period of 90 days beginning with the day the notice is given, and

(b)

if representations were so made, on or before whichever is later of—

(i)

the last day of the 90 day period mentioned in paragraph (a), and

(ii)

the last day of the period of 30 days beginning with the day on which HMRC's determination in respect of those representations is notified under section 222 of that Act.

(9)

In this paragraph “specified date” has the meaning given by paragraph 36.

Annotations

Textual amendments

F1: Sch. 33 para. 48(8A)-(8C) inserted (17.7.2014) by Finance Act 2014 (c. 26), s. 224(5)

Modifications

C1: Sch. 33 para. 48(8C) modified (17.7.2014) by Finance Act 2014 (c. 26), s. 227(9)(d)