Section 100B | Appeals against penalty determinations.

(1)An appeal may be brought against the determination of a penalty under section 100 above and, subject to ... the following provisions of this section, the provisions of this Act relating to appeals shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to tax, except that references to the tribunal shall be taken to be references to the First-tier Tribunal.

(2)On an appeal against the determination of a penalty under section 100 above section 50(6) to (8) of this Act shall not apply but—

(a)in the case of a penalty which is required to be of a particular amount, the First-tier Tribunal may—

(i)if it appears ... that no penalty has been incurred, set the determination aside,

(ii)if the amount determined appears ... to be correct, confirm the determination, or

(iii)if the amount determined appears ... to be incorrect, increase or reduce it to the correct amount.

(b)in the case of any other penalty, the First-tier Tribunal may—

(i)if it appears ... that no penalty has been incurred, set the determination aside,

(ii)if the amount determined appears ... to be appropriate, confirm the determination,

(iii)if the amount determined appears ... to be excessive, reduce it to such other amount (including nil) as it considers appropriate, or

(iv)if the amount determined appears ... to be insufficient, increase it to such amount not exceeding the permitted maximum as it considers appropriate.

(3)In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which has been determined under subsection (2), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty.

(3A)Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (3) as it applies to the right of appeal under section 11(2) of the TCEA 2007.

(3B)On an appeal under this section the Upper Tribunal has the same powers as are conferred on the First-tier Tribunal by virtue of this section.