Paragraph 3

After section 8A insert—

“Withdrawal by HMRC of notice under section 8 or 8A

8B

(1)

This section applies to a person who is given a notice under section 8 or 8A.

(2)

Before the end of the withdrawal period, the person may request HMRC to withdraw the notice.

(3)

But no request may be made if—

(a)

the person has made a return under section 8 or 8A in pursuance of the notice under that section, or

(b)

the person has been served with notice of a determination under section 28C by virtue of the notice under section 8 or 8A having been given to the person.

(4)

If, on receiving a request, HMRC decide to withdraw the notice under section 8 or 8A they must do so by giving the person a notice under this section.

(5)

A notice under this section must specify the date on which the notice under section 8 or 8A is withdrawn.

(6)

For the purposes of subsection (2) “the withdrawal period” means—

(a)

the period of 2 years beginning with the end of the year of assessment to which the notice under section 8 or 8A relates, or

(b)

in exceptional circumstances, such extended period as HMRC may agree with the person.

(7)

Withdrawal of a notice given to a person under section 8 or 8A in relation to a year of assessment does not prevent HMRC from giving the person a further notice under that section in relation to that year.

(8)

See paragraph 17A of Schedule 55 to FA 2009 as to the cancellation of liability to a penalty under any paragraph of that Schedule by including provision in a notice under this section.”