- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 06/04/2018.
Finance Act 2008, Part 5 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
C1Sch. 36 applied (with modifications) (with effect in accordance with Sch. 16 para. 62 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 16 paras. 40-43
29(1)Where a taxpayer is given a taxpayer notice, the taxpayer may appeal F1... against the notice or any requirement in the notice.U.K.
(2)Sub-paragraph (1) does not apply to a requirement in a taxpayer notice to provide any information, or produce any document, that forms part of the taxpayer's statutory records.
(3)Sub-paragraph (1) does not apply if the [F2tribunal] approved the giving of the notice in accordance with paragraph 3.
Textual Amendments
F1Words in Sch. 36 para. 29(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 471(7)(a)
F2Word in Sch. 36 para. 29(3) substituted (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. 471(7)(b)
Modifications etc. (not altering text)
C2Sch. 36 para. 29 applied (13.8.2009) by 2007 c. 11, Sch. 11 para. 2(7) (as substituted by The Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 (S.I. 2009/2035), Sch. para. 53)
Commencement Information
I1Sch. 36 para. 29 in force at 1.4.2009 by S.I. 2009/404, art. 2
30(1)Where a person is given a third party notice, the person may appeal F3... against the notice or any requirement in the notice on the ground that it would be unduly onerous to comply with the notice or requirement.U.K.
(2)Sub-paragraph (1) does not apply to a requirement in a third party notice to provide any information, or produce any document, that forms part of the taxpayer's statutory records.
(3)Sub-paragraph (1) does not apply if the [F4tribunal] approved the giving of the notice in accordance with paragraph 3.
Textual Amendments
F3Words in Sch. 36 para. 30(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 471(8)(a)
F4Word in Sch. 36 para. 30(3) substituted (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. 471(8)(b)
Commencement Information
I2Sch. 36 para. 30 in force at 1.4.2009 by S.I. 2009/404, art. 2
Textual Amendments
F5Words in Sch. 36 para. 31 heading inserted (with effect in accordance with s. 224(7) of the amending Act) by Finance Act 2012 (c. 14), s. 224(5)
31U.K.Where a person is given a notice under paragraph 5 [F6or 5A], the person may appeal F7... against the notice or any requirement in the notice on the ground that it would be unduly onerous to comply with the notice or requirement.
Textual Amendments
F6Words in Sch. 36 para. 31 inserted (with effect in accordance with s. 224(7) of the amending Act) by Finance Act 2012 (c. 14), s. 224(4)
F7Words in Sch. 36 para. 31 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 471(9)
Commencement Information
I3Sch. 36 para. 31 in force at 1.4.2009 by S.I. 2009/404, art. 2
32(1)Notice of an appeal under this Part of this Schedule must be given—U.K.
(a)in writing,
(b)before the end of the period of 30 days beginning with the date on which the information notice is given, and
(c)to the officer of Revenue and Customs by whom the information notice was given.
(2)Notice of an appeal under this Part of this Schedule must state the grounds of appeal.
(3)On an appeal [F8that is notified to the tribunal, the tribunal] may—
(a)confirm the information notice or a requirement in the information notice,
(b)vary the information notice or such a requirement, or
(c)set aside the information notice or such a requirement.
(4)Where the [F9tribunal] confirms or varies the information notice or a requirement, the person to whom the information notice was given must comply with the notice or requirement—
(a)within such period as is specified by the [F10tribunal] , or
(b)if the [F11tribunal] does not specify a period, within such period as is reasonably specified in writing by an officer of Revenue and Customs following the [F12tribunal’s] decision.
[F13(5)Notwithstanding the provisions of sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007 a decision of the tribunal on an appeal under this Part of this Schedule is final.]
(6)Subject to this paragraph, the provisions of Part 5 of TMA 1970 relating to appeals have effect in relation to appeals under this Part of this Schedule as they have effect in relation to an appeal against an assessment to income tax.
Textual Amendments
F8Words in Sch. 36 para. 32(3) substituted (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. 471(10)(a)
F9Word in Sch. 36 para. 32(4) substituted (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. 471(10)(b)(i)
F10Word in Sch. 36 para. 32(4)(a) substituted (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. 471(10)(b)(ii)
F11Word in Sch. 36 para. 32(4)(b) substituted (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. 471(10)(b)(ii)
F12Word in Sch. 36 para. 32(4)(b) substituted (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. 471(10)(b)(iii)
F13Sch. 36 para. 32(5) substituted (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. 471(10)(c)
Modifications etc. (not altering text)
C3Sch. 36 para. 32 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 49 para. 4(2) (with Sch. 49 para. 1)
C4Sch. 36 para. 32 applied (13.8.2009) by 2007 c. 11, Sch. 11 para. 2(7) (as substituted by The Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 (S.I. 2009/2035), Sch. para. 53)
C5Sch. 36 para. 32 applied (20.3.2014) (with effect in accordance with Sch. 7 para. 5(1) of the amending Act) by 2004 c. 12, s. 153A(6) (as inserted by Finance Act 2014 (c. 26), Sch. 7 paras. 3, 5(1))
C6Sch. 36 para. 32 applied (with effect in accordance with Sch. 7 para. 8(1) of the amending Act) by 2004 c. 12, s. 159A(5) (as inserted by Finance Act 2014 (c. 26), Sch. 7 paras. 7, 8(3))
C7Sch. 36 para. 32 applied (with modifications) (17.1.2017) by Savings (Government Contributions) Act 2017 (c. 2), s. 6(2)(3), Sch. 1 para. 10(7)
C8Sch. 36 para. 32 applied (with modifications) (17.1.2017) by Savings (Government Contributions) Act 2017 (c. 2), s. 6(2)(3), Sch. 2 para. 19(5)
C9Sch. 36 para. 32 applied (with modifications) (17.1.2017) by Savings (Government Contributions) Act 2017 (c. 2), s. 6(2)(3), Sch. 1 para. 6(6)
C10Sch. 36 para. 32 applied (with effect in accordance with Sch. 5 para. 25(1)(2) of the amending Act) by 2010 c. 8, Sch. 7A para. 66(2) (as inserted by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 2 (with Sch. 5 para. 28))
Commencement Information
I4Sch. 36 para. 32 in force at 1.4.2009 by S.I. 2009/404, art. 2
33U.K.This Part of this Schedule has effect subject to Part 6 of this Schedule.
Commencement Information
I5Sch. 36 para. 33 in force at 1.4.2009 by S.I. 2009/404, art. 2
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