Paragraph 25 I1I2I3

After section 83F insert—

“Nature of review: penalties under Schedule 24 to FA 2021

83FA

(1)

This section applies if HMRC are required, by virtue of paragraph 23(1) of Schedule 24 to the Finance Act 2021, to undertake a review under section 83C or 83E of a penalty decision in respect of which an appeal lies under paragraph 22(b) of that Schedule.

(2)

The review may also conclude that HMRC's decision that P was liable to any of the penalty points by virtue of which P was liable to the penalty in respect of which the appeal lies is to be—

(a)

upheld, or

(b)

cancelled.

(3)

Subsection (2) applies in relation to a penalty point even if the time limit for appealing against it expired before the relevant date.

(4)

Subsection (2) does not apply in relation to a penalty point if—

(a)

it was concluded on an earlier review required to be undertaken under section 83C or 83E that HMRC's decision that P was liable to the penalty point was to be upheld, or

(b)

HMRC's decision that P was liable to the penalty point has been affirmed on appeal.

(5)

In subsection (3) “relevant date” has the same meaning as in section 83F(6) (see section 83F(7)).”