Income Tax (Earnings and Pensions) Act 2003 section 28K

Appeals

Section 28K sets out the rights of a share scheme organiser to appeal against various HMRC decisions relating to penalties, closure notices, default notices, and reasonable excuse determinations.

• The scheme organiser can appeal against HMRC decisions on penalties, reasonable excuse findings, closure notices, default notices, and penalty amounts
• Appeals must be lodged with HMRC within 30 days of being notified of the relevant decision or notice
• Depending on the type of appeal, the tribunal may either affirm or cancel the decision, or may substitute an alternative decision or penalty amount
• The general appeal provisions in Part 5 of the Taxes Management Act 1970 apply to these appeals as if they were appeals against corporation tax or income tax assessments