Regulation 19 Borrowers' appeals: supplementary provisions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 19(1) omitted by Transfer of Tribunal Functions and Revenue and Customs Appeals 2009 Sch. 2 para. 11(2)
reg. 19(3) words substituted by Transfer of Tribunal Functions and Revenue and Customs Appeals 2009 Sch. 2 para. 11(3)
reg. 19 amended by Income Tax (Interest Relief) 1983
reg.19(4) rev. in pt. by Income Tax (Interest Relief) 1995 reg.5(a)
reg.19(5)(6) revoked by Income Tax (Interest Relief) 1995 reg.5(b)

An appeal by a borrower shall lie to the General Commissioners except that the borrower may elect (in accordance with section 46(1) of the Taxes Management Act 1970) to bring his appeal before the Special Commissioners—

(a)

from the Board's decision on his application under Regulation 3(3);

(b)

from a notice issued to him by the Board under paragraph 7(1)(b) of Schedule 7 (notice that interest may be paid under deduction of tax); and

(c)

from a notice issued to him by the Board under paragraph 10 of Schedule 7 (notice that interest is not relevant loan interest).

(2)

An appeal shall be brought by giving written notice to the Board within 30 days of the receipt by the borrower of the Board's decision or the notice as the case may be.

(3)

Part V of the Taxes Management Act 1970 (appeals and other proceedings) shall apply to an appeal under this Regulation, and on an appeal the General or Special Commissioners may vary the decision or notice appealed from whether or not the variation is to the advantage of the appellant.

(4)

All such assessments, payments or repayments shall be made by the inspector as are necessary to give effect to the Board's decision or notice or to any variation of that decision or notice on appeal.

(5)

The Taxes Management Act 1970 shall apply to an assessment made by the inspector to give effect to a notice issued by the Board under the said paragraph 10 of Schedule 7 as if it were an assessment to tax for the tax year in which the relief, to which the notice refers, was given and as if—

(a)

the assessment were among those specified in sections 55(1) (recovery of tax not postponed) and 86(2) (interest on overdue tax) of that Act; and

(b)

the sum charged by the assessment were tax specified in paragraph 3 of the Table in section 86(4) of that Act (reckonable date).

(6)

Without prejudice to the provisions of sections 36, 37 and 39 of the Taxes Management Act 1970 (extended time limit for fraud etc.) an assessment made under paragraph (5) shall not be out of time under section 34 of that Act (ordinary time limit of six years) if it is made before the end of the chargeable period following that in which the Board's notice was issued.