INTM620530 - Offshore Receipts in respect of Intangible Property (ORIP): General: Appeals against assessments

ITTOIA05/Ch2A/S608Y

This section concerns appeals made against assessments to tax charged under section 608A. For appeals against a notice issued under section 608O, see INTM620440.

Postponement of tax

Only the taxpayer may appeal against an assessment charged under section 608A. The taxpayer cannot apply for a postponement of the payment of tax on any grounds. This means that the tax must be paid regardless of any pending appeals and the taxpayer will not be able to apply for a postponement of tax under section 55 TMA 1970.

If the appeal is settled and the assessment is reduced, HMRC will repay the overcharged tax along with any repayment interest due on that amount.

Payment of tax where there is a further appeal

Where there is a further appeal against a determination of the court or tribunal, HMRC may apply to the court or tribunal to hold on to any tax pending the outcome of the further appeal. The court or tribunal may accept the application if it considers that it is necessary for the protection of the revenue.