Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Taxes Management Act 1970

Crossheading Appeals

  • Section 47C Meaning of tribunal
  • Section 48 Application to appeals and other proceedings
  • Section 49 Late notice of appeal
  • Section 49A Appeal: HMRC review or determination by tribunal
  • Section 49B Appellant requires review by HMRC
  • Section 49C HMRC offer review
  • Section 49D Notifying appeal to the tribunal
  • Section 49E Nature of review etc
  • Section 49EA Nature of review: penalties under Schedule 24 to FA 2021
  • Section 49F Effect of conclusions of review
  • Section 49FA Effect of conclusions of review: penalties under Schedule 24 to FA 2021
  • Section 49G Notifying appeal to tribunal after review concluded
  • Section 49H Notifying appeal to tribunal after review offered but not accepted
  • Section 49I Interpretation of sections 49A to 49H
  • Section 50 Procedure.
  • Section 51 Power of Commissioners to obtain information from appellant.
  • Section 52 Evidence.
  • Section 53 Appeals against summary determination of penalties.
  • Section 54 Settling of appeals by agreement.
  • Section 54A No questioning in appeal of amounts of certain social security income
  • Section 54B Notifications of taxable amounts of certain social security income
  • Section 54C Interpretation of sections 54A and 54B: “appropriate officer” etc
  • Section 55 Recovery of tax not postponed.
  • Section 56 Payment of tax where there is a further appeal
  • Section 56A Appeals from the Special Commissioners.
  • Section 56B Regulations about practice and procedure.
  • Section 56C Power of Special Commissioners to order costs.
  • Section 56D Power of Special Commissioners to publish reports of decisions.
  1. Appeals
  2. Procedure.

Section 50 | Procedure.

From legislation.gov.uk

(1)Repealed

(2)Repealed

(3)Repealed

(4)Repealed

(5)Repealed

(6)If, on an appeal notified to the tribunal, the tribunal decides—

(a)that, ... , the appellant is overcharged by a self-assessment;

(b)that, ... , any amounts contained in a partnership statement are excessive; or

(c)that the appellant is overcharged by an assessment other than a self-assessment,

the assessment or amounts shall be reduced accordingly, but otherwise the assessment or statement shall stand good.

(7)If, on an appeal notified to the tribunal, the tribunal decides—

(a)that the appellant is undercharged to tax by a self-assessment ... ;

(b)that any amounts contained in a partnership statement ... are insufficient; or

(c)that the appellant is undercharged by an assessment other than a self-assessment,

the assessment or amounts shall be increased accordingly.

(7A)If, on an appeal notified to the tribunal, the tribunal decides that a claim or election which was the subject of a decision contained in a closure notice under section 28A of this Act should have been allowed or disallowed to an extent different from that specified in the notice, the claim or election shall be allowed or disallowed accordingly to the extent that the tribunal decides is appropriate, but otherwise the decision in the notice shall stand good.

(8)Where, on an appeal notified to the tribunal against an assessment (other than a self-assessment) which—

(a)assesses an amount which is chargeable to tax, and

(b)charges tax on the amount assessed,

the tribunal decides as mentioned in subsection (6) or (7) above, the tribunal may, unless the circumstances of the case otherwise require, reduce or, as the case may be, increase only the amount assessed; and where any appeal notified to the tribunal is so determined the tax charged by the assessment shall be taken to have been reduced or increased accordingly.

(9)Where any amounts contained in a partnership statement are reduced under subsection (6) above or increased under subsection (7) above, an officer of the Board shall by notice to each of the relevant partners amend—

(a)the partner’s return under section 8 or 8A of this Act, or

(b)the partner’s company tax return,

so as to give effect to the reductions or increases of those amounts.

(10)Where an appeal is notified to the tribunal, the decision of the tribunal on the appeal is final and conclusive.

(11)But subsection (10) is subject to—

(a)sections 9 to 14 of the TCEA 2007,

(b)Tribunal Procedure Rules, and

(c)the Taxes Acts.

PreviousNext
PrivacyTerms