Oil Taxation Act 1975 Schedule 2 paragraph 14

Appeals

Paragraph 14 sets out the rights and procedures for a participator in an oil field to appeal against petroleum revenue tax assessments, determinations, amendments, or decisions on overpaid tax claims made by HMRC.

  • A participator must lodge a written notice of appeal with HMRC within 30 days of receiving the notice of assessment, determination, amendment, or decision, and must specify the grounds of appeal.
  • Where a participator has filed a return and appeals against a tax assessment, they may withhold payment of a limited amount of the disputed tax until the appeal is resolved, calculated by reference to the difference between the figures in their return and those in the assessment.
  • If HMRC and the participator reach agreement on how the assessment or decision should be changed before the tribunal determines the appeal, that agreement has the same effect as a tribunal decision; alternatively, the participator may abandon the appeal unless HMRC object within 30 days.
  • When an appeal reaches the tribunal, the tribunal may vary or substitute the assessment, determination, or decision as required, and its decision is final subject to the rights of further appeal under the Tribunals, Courts and Enforcement Act 2007 and Tribunal Procedure Rules.

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