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Paragraph 29H Procedure on appealsF1

United Kingdom

(1)

On an appeal F2that is notified to the tribunal, the tribunal shall uphold or quash the transfer notice.

(2)

The general rule in sub-paragraph (1) is subject to the following qualifications.

(3)

In the case of the ground of appeal specified in paragraph 29G(3)(a), the F3tribunal shall investigate the matter and shall—

(a)

uphold the amount of the relevant contributions debt specified in the transfer notice, or

(b)

reduce or increase the amount of the relevant contributions debt specified in the transfer notice to such amount as in F4the tribunal’s opinion is just and reasonable.

(4)

If the F5tribunal determines the amount of the relevant contributions debt of a managed service company under sub-paragraph (3), that amount is conclusive as to the amount of that relevant contributions debt in any later appeal relating to that debt.

(5)

In the case of the ground of appeal specified in paragraph 29G(3)(f), the F6tribunal may reduce the amount specified in the transfer notice to an amount determined in accordance with the equation—

RA=PTP×AS
(6)

In paragraph (5)—

  • RA means the reduced amount;

  • P means the number of days in the tax periods specified in the transfer notice during which the transferee was a person mentioned in section 688A(2);

  • TP means the number of days in the tax periods specified in the transfer notice;

  • AS means the amount specified in the transfer notice.

(7)

In the case of the ground of appeal specified in paragraph 29G(3)(k), the F7tribunal may reduce the amount specified in the transfer notice to such amount as in F8the tribunal’s opinion is just and reasonable.

Annotations

Textual amendments

F1

Sch. 4 Pt. 3A inserted (6.8.2007) by The Social Security (Contributions) (Amendment No. 5) Regulations 2007 (S.I. 2007/2068), regs. 1, 2

F2

Words in Sch. 4 para. 29H(1) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(a)

F3

Word in Sch. 4 para. 29H(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(b)(i)

F4

Words in Sch. 4 para. 29H(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(b)(ii)

F5

Words in Sch. 4 para. 29H(4) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(c)

F6

Word in Sch. 4 para. 29H(5) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(d)

F7

Word in Sch. 4 para. 29H(7) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(e)(i)

F8

Words in Sch. 4 para. 29H(7) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 2 para. 76(3)(e)(ii)

Notes on the whole SI

Textual amendments

F1

See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

F2

See section 176(2)(b) of the Act.

Notes on Schedule 4

Textual amendments

F1

Sch. 4 heading substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 29(2)