ECH21260 - Penalties: Appeals

Any penalty determination carries a right of appeal. If the penalty was determined by Commissioners any appeal will be heard in the High Court. If such an appeal is received the caseworker should contact Central Policy: Tax Administration Policy for advice (AH3925). (This text has been withheld because of exemptions in the Freedom of Information Act 2000)

Where the employer/contractor/subcontractor appeals against a formal penalty determination not determined by the Commissioners the appeal will be sent to the caseworker who initiated the determination.

The caseworker should

  • follow the guidance in the Appeals Handbook when handling any appeal.

The caseworker will

  • consider the basis of the appeal (AHO1O1) and, if necessary,
  • discuss the basis of the appeal with the employer/contractor (AH3930).

The caseworker should seek advice from the senior manager and/or local Grade 6 if necessary.

If possible the appeal should be settled by agreement (AH0301).

In addition to making an appeal the employer/contractor/subcontractor may make a postponement application (AH0150). This is where they wish to postpone payment of the penalty until the appeal is resolved. In such cases the caseworker will

If a penalty cannot be settled by agreement it will be listed for a Commissioners hearing. The penalty may be

  • confirmed
  • amended, or
  • set aside

by the Commissioners (AH3955).

If neither party appeals to the High Court the caseworker will

If the penalty has been amended or set aside the caseworker will also

  • complete a 397