SCHEDULES

SCHEDULE 32Accelerated payments and partnerships

Representations about a partner payment notice

5

1

This paragraph applies where a partner payment notice has been given to a relevant partner under paragraph 3 (and not withdrawn).

2

The relevant partner has 90 days beginning with the day that notice is given to send written representations to HMRC—

a

objecting to the notice on the grounds that Condition A, B or C in that paragraph was not met, F1...

b

objecting to the amount specified in the notice under paragraph 4(1)(b)F2, or

c

objecting to the amount specified in the notice under paragraph 4(1)(d).

3

HMRC must consider any representations made in accordance with sub-paragraph (2).

4

Having considered the representations, HMRC must—

a

if representations were made under sub-paragraph (2)(a), determine whether—

i

to confirm the partner payment notice (with or without amendment), or

ii

to withdraw the partner payment notice, F3...

b

if representations were made under sub-paragraph (2)(b) (and the notice is not withdrawn under paragraph (a)), determine whether a different amount F5(or no amount) ought to have been specified as the understated partner tax, and then—

i

confirm the amount specified in the notice, F6...

ii

amend the notice to specify a different amountF7, or

iii

remove from the notice the provision made under paragraph 4(1)(b),F4, and

c

if representations were made under sub-paragraph (2)(c) (and the notice is not withdrawn under paragraph (a)), determine whether a different amount (or no amount) ought to have been specified under paragraph 4(1)(d), and then—

i

confirm the amount specified in the notice,

ii

amend the notice to specify a different amount, or

iii

remove from the notice the provision made under paragraph 4(1)(d),

and notify P accordingly.