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2. (1) Paragraph 26 is amended as follows.
(2) In the heading omit “and reviews”.
(3) In sub-paragraph (2)—
(a)in paragraph (c) for “this paragraph” substitute “paragraph 26A”; and
(b)in paragraph (d) for “paragraph 28” substitute “this paragraph”.
(4) For sub-paragraphs (3) to (6) substitute—
“(3) The person may appeal to the tribunal against the decision in accordance with paragraph 26F.
(4) On the appeal the tribunal may—
(a)set aside the decision appealed against, and
(b)impose any penalty that could have been imposed by HMRC or remit the matter to HMRC.
(5) In this paragraph, and in paragraphs 26A to 26F, “tribunal” means the First-tier Tribunal or, where so provided by or determined under Tribunal Procedure Rules, the Upper Tribunal.
(6) Section 85 of the Value Added Tax Act 1994 (settling appeals by agreement)(1) shall apply to appeals under this paragraph as if the reference to section 83 of that Act included a reference to this paragraph.”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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