This Bloomsbury Professional book is a guide to the entire tax appeals process. It covers every aspect of a dispute with HMRC from the initial decision onwards, including the HMRC internal review process. The authors provide a thorough review of the new Tribunal system, which was introduced in April 2009, including the rules, practice and procedure for cases in the Tax Chamber of the First-Tier Tribunal and the Tax and Chancery Chamber of the Upper Tribunal.
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Chapter 4 Jurisdiction in indirect tax appeals
VAT appeals relating to input tax on luxuries, amusements and entertainment
VAT appeals where jurisdiction is limited to reviewing HMRC's decision
Powers of the Tribunal on a review of an excise duty decision in relation to an ancillary matter
Appeals under the Control of Cash (Penalties) Regulations 2007
Appeals under the Transfer of Funds (Information on the Payer) Regulations 2007
Chapter 6 The judicial review jurisdiction of the Upper Tribunal
HMRC's approach to the review process – all taxes except restoration decisions under CEMA, s 152(b)
Time in which the optional review process must be concluded – all taxes
The compulsory review process for restoration appeals under CEMA, s 152(b)
Appeal to the Tribunal after an optional review – direct taxes
Appeal to the Tribunal after an optional review – indirect taxes
Appeal to the Tribunal after a compulsory review in restoration decisions under CEMA, s 152(b)
Extension of time limits to notify an appeal to the Tribunal – all taxes)
Postponement of payment of tax pending an internal review – direct taxes
Chapter 14 Preliminary applications
Extensions of time for complying with any rule, Practice Direction, or direction
Application to permit or require a party to amend a document
Application to prohibit the disclosure or publication of documents
Application for a direction to deal with an issue in the proceedings as a preliminary issue
Application for a hearing to consider any matter, including a case-management hearing
Application to require a party to produce a bundle for a hearing
Application to suspend effect of the Tribunal's own decision
Application to the Upper Tribunal to request the First-tier Tribunal to give reasons for a decision
Chapter 15 Striking out and sanctions for failure to comply or co-operate
Order of proceedings at a first-instance hearing of an appeal in the First-tier or Upper Tribunal
Order of proceedings in the Upper Tribunal in an appeal from the First-tier Tribunal
Order of proceedings in the Upper Tribunal on an application for judicial review
The extent to which the Tribunal is bound by other decisions
The role of the Tribunal judges and members during the hearing
Chapter 18 References to the European Court of Justice
Chapter 19 Challenging a decision of the First-tier Tribunal
Appendix 2 SI 2008/2698 Tribunal Procedure (Upper Tribunal) Rules 2008 (as amended)
Appendix 4 Tribunals Service Tax – Notice of Appeal and Tribunal Guidance
Income Tax (Life Assurance Premium Relief) Regulations 1978 (SI 1978/1159)
Income Tax (Interest Relief) Regulations 1982 (SI 1982/1236)
Charitable Deductions (Approved Schemes) Regulations 1986 (SI 1986/2211)
Taxation of Income from Land (Non-residents) Regulations 1995 (SI 1995/2902)
Corporation Tax (Instalment Payments) Regulations 1998 (SI 1998/3175)
Overseas Insurers (Tax Representatives) Regulations 1999 (SI 1999/881)
Income Tax (Pay As You Earn) Regulations 2003 (SI 2003/2682)
Finance Act 2004 – special withholding tax under the Savings Directive
Registered Pension Schemes (Relief at Source) Regulations 2005 (SI 2005/3448)
Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (SI 2006/131)
Authorised Investment Funds (Tax) Regulations 2006 (SI 2006/964)
Income Tax (Purchased Life Annuities) Regulations 2008 (SI 2008/562)
Appendix 10 Statutory provisions conferring jurisdiction in appeals relating to inheritance tax