SCHEDULE 1Consequential Amendments and Supplemental Provisions – Primary Legislation
Taxes Management Act 1970I135
For section 56 (statement of case for opinion of the High Court) substitute—
56Payment of tax where there is a further appeal
1
This section applies if a party to an appeal against an assessment (the “initial appeal”) makes a further appeal.
2
Tax is payable or repayable in accordance with the determination of the court or tribunal on the initial appeal, despite the further appeal having been made.
3
But in a case where the amount charged by the assessment is altered by the order or judgment of the Upper Tribunal or court—
a
if too much tax has been paid, the amount overpaid shall be refunded with such interest, if any, as may be allowed by that order or judgment; and
b
if too little tax has been charged, the amount undercharged shall be due and payable at the expiration of a period of thirty days beginning with the date on which HMRC issue to the other party a notice of the total amount payable in accordance with the order or judgment.