TTM02270 - Tonnage Tax Elections: When election takes effect

Appeals against inspector's refusal to vary date of entry

Where the inspector has refused to agree to a backdating or deferral of entry into Tonnage Tax, the provisions of Schedule 1A TMA 1970 apply.

Enquiries by inspector into election

Where it appears to the inspector that backdating or deferral is not justified, the inspector should give notice under paragraph 5(1) Schedule 1A TMA 1970.

Decision not to agree

Where, following enquiries, the inspector is satisfied that the date of entry should not be varied, he should issue a notice to that effect under paragraph 7(3A) Schedule 1A TMA 1970.

Right of appeal

The tonnage tax company or group has a right of appeal against a paragraph 7(3A) notice under paragraph 9(1)(b) Schedule 1A TMA 1970, to be brought within 30 days of HMRC’s notice. A company that disagrees with HMRC’s decision can appeal to have the decision reviewed internally, or appeal to have the decision heard by the First - tier Tribunal. If the company seeks an internal review, and does not agree with the decision of that review, it can then appeal to the First - tier Tribunal.

References