SCHEDULES
SCHEDULE 8Enforcement by deduction from accounts
PART 1Scheme for enforcement by deduction from accounts
Making objections to hold notice
10
1
Where a hold notice is given to a deposit-taker, a person within sub-paragraph (2) may by a notice given to HMRC (a “notice of objection”) object against the hold notice.
2
The persons who may object are—
a
P,
b
any interested third party in relation to an affected account, and
c
any person (not falling within paragraph (a) or (b)) who is a holder of an affected account which is a joint account,
but only P may object on the ground in sub-paragraph (3)(a).
3
An objection may only be made on one or more of the following grounds—
a
that the debts to which the hold notice relates (see paragraph 8(7)(a)) have been wholly or partly paid,
b
that at the time when the hold notice was given, either there was no sum that was a relevant sum in relation to P or P did not hold any account with the deposit-taker,
c
that the hold notice is causing or will cause exceptional hardship to the person making the objection or another person, or
d
that there is an interested third party in relation to one or more of the affected accounts.
4
A notice of objection must state the grounds of the objection.
5
Objections under this paragraph may only be made within the period of 30 days beginning with—
a
in the case of—
i
P, or
ii
a person within sub-paragraph (2)(b) or (c) who has not been given a notice under paragraph 8(6)(b),
the day on which a copy of the hold notice is given to P under paragraph 8(6)(a), and
b
in the case of a person given a notice under paragraph 8(6)(b), the day on which that notice is given.
6
Sub-paragraph (5) does not apply if HMRC agree to the notice of objection being given after the end of the period mentioned in that sub-paragraph.
7
HMRC must agree to a notice of objection being given after the end of that period if the following conditions are met—
a
the person seeking to make the objection has made a request in writing to HMRC to agree to the notice of objection being given;
b
HMRC is satisfied that there was reasonable excuse for not giving the notice before the relevant time limit, and
c
HMRC is satisfied that the person complied with paragraph (a) without unreasonable delay after the reasonable excuse ceased.
8
If a request of the kind referred to in sub-paragraph (7)(a) is made, HMRC must by a notice inform the person making the request whether or not HMRC agrees to the request.
9
Nothing in Part 5 of TMA 1970 (appeals and other proceedings) applies to an objection under this paragraph.