CTM94220 - CTSA: penalties for late returns: Determination: Appeals against

TMA70/S100B

A company may appeal against the determination of a penalty. The provisions of the TMA relating to appeals apply to determinations as they do to assessments, except that the tribunal have specific powers of variation in place of TMA70/S50 (6) to (8).

In relation to penalties such as those under FA98/SCH18/PARA17 and 18 that are required to be of a particular amount the tribunal may:

• set the determination aside if it appears to them that the company has incurred no penalty,
• confirm the determination if the amount determined appears to them to be correct,
• increase or reduce the amount determined to the correct amount if it appears to them to be incorrect.