Part IIIU.K. Insurance Premium Tax

Review and appealU.K.

59 [F1Appeals]U.K.

(1)[F2Subject to section 60, an appeal shall lie to an appeal tribunal from any person who is or will be affected by any decision of HMRC with respect to the any of the following matters—]

(a)the registration or cancellation of registration of any person under this Part;

(b)whether tax is chargeable in respect of a premium or how much tax is chargeable;

[F3(bb)whether a payment falls to be treated under section 52A(2) above as a premium received under a taxable insurance contract by an insurer and chargeable to tax at the higher rate;]

(c)whether a person is entitled to credit by virtue of regulations under section 55 above or how much credit a person is entitled to or the manner in which he is to benefit from credit;

(d)an assessment [F4falling within subsection (1A) below] or the amount of such an assessment;

(e)any refusal of an application under section 63 below;

(f)whether a notice may be served on a person by virtue of regulations made under section 65 below;

(g)an assessment under regulations made under section 65 below or the amount of such an assessment;

(h)whether a scheme established by regulations under section 68 below applies to an insurer as regards an accounting period;

[F5(ha)a refusal of an application for an exemption under section 69C or the withdrawal of such an exemption;]

(i)the requirement of any security under paragraph 24 of Schedule 7 to this Act or its amount;

(j)any liability to a penalty under paragraphs 12 to 19 of Schedule 7 to this Act;

(k)the amount of any penalty or interest specified in an assessment under paragraph 25 of Schedule 7 to this Act;

(l)a claim for the repayment of an amount under paragraph 8 of Schedule 7 to this Act;

(m)any liability of the Commissioners to pay interest under paragraph 22 of Schedule 7 to this Act or the amount of the interest payable.

[F6(1A)An assessment falls within this subsection if it is an assessment under section 56 above in respect of an accounting period in relation to which a return required to be made by virtue of regulations under section 54 above has been made.]

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 59(1)(bb) inserted (19.3.1997) by 1997 c. 16, s. 27(6)

F4Words in s. 59(1)(d) substituted (1.5.1995 with application as mentioned in Sch. 5 para. 5(4) of the amending Act) by 1995 c. 4, s. 34, Sch. 5 para. 5(2)

F6S. 59(1A) inserted (1.5.1995 with application as mentioned in Sch. 5 para. 5(4) of the amending Act) by 1995 c. 4, s. 34, Sch. 5 para. 5(3)

Modifications etc. (not altering text)

C1S. 59 extended (19.3.1997) by 1997 c. 16, s. 50(1), Sch. 5 para. 19(2)

Commencement Information

I1S. 59 wholly in force at 1.10.1994 by S.I. 1994/1773, art. 2