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Legislation
Value Added Tax Act 1994

Part V Reviews and Appeals

  • Section 82 Meaning of “tribunal”
  • Section 83 Appeals.
  • Section 83A Offer of review
  • Section 83B Right to require review
  • Section 83C Review by HMRC
  • Section 83D Extensions of time
  • Section 83E Review out of time
  • Section 83F Nature of review etc
  • Section 83FA Nature of review: penalties under Schedule 24 to FA 2021
  • Section 83FB Effect of conclusions of review: penalties under Schedule 24 to FA 2021
  • Section 83G Bringing of appeals
  • Section 84 Further provisions relating to appeals.
  • Section 85 Settling appeals by agreement.
  • Section 85A Payment of tax on determination of appeal
  • Section 85B Payment of tax where there is a further appeal
  • Section 86 Appeals to Court of Appeal.
  • Section 87 Enforcement of registered or recorded tribunal decisions etc.
  1. Part V · Reviews and Appeals
  2. Bringing of appeals

Section 83G | Bringing of appeals F1

From legislation.gov.uk

(1)An appeal under section 83 is to be made to the tribunal before—

(a)the end of the period of 30 days beginning with—

(i)in a case where P is the appellant, the date of the document notifying the decision to which the appeal relates, or

(ii)in a case where a person other than P is the appellant, the date that person becomes aware of the decision, or

(b)if later, the end of the relevant period (within the meaning of section 83D).

(2)But that is subject to subsections (3) to (5).

(3)In a case where HMRC are required to undertake a review under section 83C—

(a)an appeal may not be made until the conclusion date, and

(b)any appeal is to be made within the period of 30 days beginning with the conclusion date.

(4)In a case where HMRC are requested to undertake a review in accordance with section 83E—F2

(a)an appeal may not be made—F2

(i)unless HMRC have notified P, or the other person, as to whether or not a review will be undertaken, andF2

(ii)if HMRC have notified P, or the other person, that a review will be undertaken, until the conclusion date;F2

(b)any appeal where paragraph (a)(ii) applies is to be made within the period of 30 days beginning with the conclusion date;F2

(c)if HMRC have notified P, or the other person, that a review will not be undertaken, an appeal may be made only if the tribunal gives permission to do so.F2

(5)In a case where section 83F(8) applies, an appeal may be made at any time from the end of the period specified in section 83F(6) to the date 30 days after the conclusion date.

(6)An appeal may be made after the end of the period specified in subsection (1), (3)(b), (4)(b) or (5) if the tribunal gives permission to do so.

(7)In this section “conclusion date” means the date of the document notifying the conclusions of the review.

Notes

  1. F1

    Ss. 83A-83G inserted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 220

  2. F2

    S. 83G(4) substituted (1.6.2014) by The Revenue and Customs (Amendment of Appeal Provisions for Out of Time Reviews) Order 2014 (S.I. 2014/1264), arts. 1(2), 4 (with art. 1(3))

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