ARTG3060 | Reviews and appeals for indirect taxes: Appealing against a decision or assessment: Customer asks for extension of review acceptance

Decision makers must offer customers a review within the decision letter. The customer may accept the review offer or appeal to the tribunal within 30 days of the date of the letter. Decisions falling under s14 Finance Act 1994 allow a person 45 days to send a notice requiring a review to the Commissioners. This includes certain Customs Duties, Agricultural Levy and Excise Duty decisions. Alternatively the customer may ask for an extension to the period for accepting the offer of a review, for example if they have further information or arguments to put to the decision maker.

Section 83D VATA 1994 (Section 15D FA 1994) allows for an extension of the period in which the customer may accept the offer of a review. In circumstances where the decision maker is aware that the customer is likely to want to provide further information or make representations, use of the Section 83D (Section 15D) provisions is encouraged to prevent cases entering the formal review or appeal process prematurely. An extension of the relevant period under Section 83D (Section 15D) does not have to be requested by the customer and can be offered by the decision maker.

The extension may be for 30 days from

• the date of HMRC’s letter, or

• any other date set out in the letter, or

• any other date set out in a subsequent letter.

If a customer accepts an offer of review, they may not appeal to the tribunal until they are told of the review conclusion or the review period has expired.

If the customer asks for an extension out of time we may treat that as a late review request. Under Section 83E, VATA94 (Section 15E FA94) HMRC will only accept a review request outside the 30 day period if there is a reasonable excuse for the lateness and the request is made without undue delay when the excuse ended.

Alternatively, the customer can ask the tribunal to accept a late appeal notification. We have no power to extend the appeal/review time limit after it has ended.

See ARTG3080 for action on receipt of further representations from the customer.