PART 4PAYMENTS, RETURNS AND INFORMATION

F1CHAPTER 4DEBTS OF MANAGED SERVICE COMPANIES

Procedure on appeals97H.

(1)

On an appeal F2that is notified to the tribunal, the tribunal shall uphold or quash the transfer notice.

(2)

The general rule in paragraph (1) is subject to the following qualifications.

(3)

In the case of the ground of appeal specified in regulation 97G(3)(a), the F3tribunal shall investigate the matter and shall—

(a)

uphold the amount of the relevant PAYE debt F4or the relevant apprenticeship levy debt specified in the transfer notice, or

(b)

reduce or increase the amount of the relevant PAYE debt F5or the relevant apprenticeship levy debt specified in the transfer notice to such amount as in F6the tribunal’s opinion is just and reasonable.

(4)

If the F7tribunal determines the amount of the relevant PAYE debt of a managed service company under paragraph (3), that amount is conclusive as to the amount of that relevant PAYE debt F8or the relevant apprenticeship levy debt in any later appeal relating to that debt.

(5)

In the case of the ground of appeal specified in regulation 97G(3)(f), the F9tribunal may reduce the amount specified in the transfer notice to an amount determined in accordance with the equation—

RA=PTP×AS

(6)

In paragraph (5)—

RA means the reduced amount;

P means the number of days in the tax periods specified in the transfer notice during which the transferee was a person mentioned in section 688A(2);

TP means the number of days in the tax periods specified in the transfer notice;

AS means the amount specified in the transfer notice.

(7)

In the case of the ground of appeal specified in regulation 97G(3)(k), the F10tribunal may reduce the amount specified in the transfer notice to such amount as in F11the tribunal’s opinion is just and reasonable.