AH0505 - General or Special Commissioners?: Election for appeal to be heard by the Special Commissioners


In most instances a taxpayer has a right of appeal to the Special Commissioners in respect of appeals and other applications to the Commissioners (TMA70.S31D). In the case of an appeal, the election must be made by notice combined with the appeal, and in the case of an application, by separate notice and within the same time limit for making the application.

Where a request for the hearing of an appeal (or application) by the Special Commissioners instead of the General Commissioners is made after the expiry of the normal appeal period (or time limit for making the application), find out if the General Commissioners are willing to relinquish their jurisdiction over the appeal (TMA70/S44(3)). If they are so willing, and a personal hearing is necessary, send the written request for a hearing by the Special Commissioners and confirmation that the General Commissioners have agreed to relinquish their jurisdiction to the RAU when you refer the appeal there (see AH1620).