TTM02270 - Tonnage tax elections: When election takes effect
Appeals against HMRC's refusal to vary date of entry
Where HMRC has refused to backdate or defer entry into tonnage tax the provisions of TMA70/SCH1A and FA98/SCH18/PART18 apply.
Enquiries by HMRC into election
Where it appears to HMRC that backdating or deferral is not justified, notice under TMA70/SCH1A/PARA5 (1) will be given.
Decision not to agree
Where, following enquiries, HMRC are satisfied that the date of entry should not be varied, a notice to that effect will be given under TMA70/SCH1A/PARA7 (3)(a).
Right of appeal
The tonnage tax company or group may appeal against a PARA7 (3)(a) notice under PARA9 (1)(b) within 30 days of HMRC’s notice. A company that disagrees with HMRC’s decision may ask for the decision to be reviewed internally, or appeal against a decision to the First Tier Tribunal. If the company seeks an internal review, and does not agree with the decision of that review, it may then pursue an appeal.
References
| Backdating an ‘initial period’ election | TTM02210 |
| Deferring an ‘initial period’ election to next accounting period | TTM02220 |
| Deferring an ‘initial period’ election to next but one accounting period | TTM02230 |