Taxes Management Act 1970 section 12AAA

Withdrawal by HMRC of notice under section 12AA

Section 12AAA allows a partner to request that HMRC withdraw a notice requiring delivery of a partnership return, and sets out the conditions and time limits for doing so.

• A partner who has been issued a partnership return notice can ask HMRC to withdraw it, provided they have not already submitted the return
• The request must be made within two years of the end of the relevant period or tax year, though HMRC may extend this in exceptional circumstances
• If HMRC agrees to withdraw the notice, they must issue a formal withdrawal notice specifying the date of withdrawal, but this does not prevent them from issuing a fresh notice for the same period
• The withdrawal notice can also cancel any late filing penalties that would otherwise apply under Finance Act 2009 Schedule 55