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Contents

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. Payment of tax on determination of appeal

Section 85A | Payment of tax on determination of appeal F1

From legislation.gov.uk

(1)This section applies where the tribunal has determined an appeal under section 83.F1

(2)Where on the appeal the tribunal has determined that—F1F2

(a)the whole or part of any disputed amount paid or deposited is not due, orF1

(b)the whole or part of any VAT credit due to the appellant has not been paid,F1

so much of that amount, or of that credit, as the tribunal determines not to be due or not to have been paid shall be paid or repaid ....

(3)Where on the appeal the tribunal has determined that—F1F3

(a)the whole or part of any disputed amount not paid or deposited is due, orF1

(b)the whole or part of any VAT credit paid was not payable,F1

so much of that amount, or of that credit, as the tribunal determines to be due or not payable shall be paid or repaid to HMRC ....

(4)RepealedF4F1

(5)RepealedF4F1

Notes

  1. F1

    Ss. 85A, 85B 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. 223

  2. F2

    Words in s. 85A(2) omitted (with effect in accordance with art. 1(3)(b) of the amending S.I.) by virtue of The Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022 (S.I. 2022/1298), arts. 1(3)(a), 3(14)(a)

  3. F3

    Words in s. 85A(3) omitted (with effect in accordance with art. 1(3)(b) of the amending S.I.) by virtue of The Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022 (S.I. 2022/1298), arts. 1(3)(a), 3(14)(b)

  4. F4

    S. 85A(4)(5) omitted (with effect in accordance with art. 1(3)(b) of the amending S.I.) by virtue of The Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022 (S.I. 2022/1298), arts. 1(3)(a), 3(14)(c)

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