ETASSUM11900 - Introduction to Tax Advantaged Share Schemes: Annual returns: Appeals

A company may appeal against HMRC’s decision that the company is liable to a penalty in relation to its annual return, or the information accompanying this. The company will need to clarify what their appeal is in relation to.

A company may also appeal against the amount of a penalty.

An appeal must be made within 30 days of the notice of assessment of the penalty. Appeals should be made in writing to the Employee Shares & Securities Team -

Post: Charities, Savings and International 1, HMRC, BX9 1AU

E-mail: [email protected]

For further information on appeal procedures refer to the Appeals, Reviews and Tribunals Guidance. https://www.gov.uk/government/collections/complaints-and-appeals-hmrc-manuals

Where an appeal in relation to a decision that a penalty is due is notified to a Tribunal, the Tribunal may affirm or cancel the decision (paragraphs 81K(7) of Schedule 2, 40K(7) of Schedule 3, 28K(6) of Schedule 4 and 421JF(4) of Part 7 ITEPA or in accordance with paragraph 81K(8) of Schedule 2 it may substitute for the decision another decision which HMRC had power to make. Where an appeal in relation to the amount of a penalty is notified to a Tribunal, the Tribunal may affirm the amount of the penalty or substitute the amount with another amount (paragraph 81K(9) of Schedule 2, 40K(8) of Schedule 3, 28K(8) of Schedule 4 and 421JF(5) of Part 7 ITEPA).