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鈥檚 notice. 聽A company that disagrees with HMRC鈥檚 decision may ask for the decision to be reviewed internally, or appeal against a decision to the First Tier Tribunal. 聽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 鈥榠nitial period鈥� election | TTM02210 |
| Deferring an 鈥榠nitial period鈥� election to next accounting period | TTM02220 |
| Deferring an 鈥榠nitial period鈥� election to next but one accounting period | TTM02230 |