PART 4PAYMENTS, RETURNS AND INFORMATION

CHAPTER 1PAYMENT OF TAX AND ASSOCIATED RETURNS

Failure to account for deductible tax

F1Employee’s appeal against direction notice81A

1

An employee may appeal against a direction notice under regulation 81(4A)—

a

by notice to the Inland Revenue,

b

within 30 days of the issue of the direction notice,

c

specifying the grounds of the appeal.

2

For the purpose of paragraph (1) the grounds of appeal are that—

a

in relation to condition A in regulation 81, the employee did not receive the payments knowing that the employer wilfully failed to deduct the amount of tax which should have been deducted from those payments,

b

in relation to condition B in regulation 81, the relevant payment was not a notional payment, or

c

the excess is incorrect.

3

On an appeal under paragraph (1) F2that is notified to the tribunal, the tribunal may—

a

if it appears ... that the direction notice should not have been made, set aside the notice; or

b

if it appears ... that the amount of tax specified in the direction notice is incorrect, increase or reduce the amount specified in the notice accordingly.

4

Regulation 72D applies to appeals under this regulation.