Legislation – Finance Act 2021
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Finance Act 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Schedule 26 Paragraph 21:
- Sch. 26 para. 21 coming into force by S.I. 2026/370 reg. 3(2)
SCHEDULE 26Penalties for failure to pay tax
PART 3Supplementary provision
Appeals
21
(1)
On an appeal under paragraph 19(1) that is notified to the tribunal, the tribunal may affirm or cancel HMRC’s decision.
(2)
On an appeal under paragraph 19(2) that is notified to the tribunal, the tribunal may—
(a)
affirm HMRC’s decision, or
(b)
substitute for HMRC’s decision another decision that HMRC had power to make.
(3)
If the tribunal substitutes its decision for HMRC’s decision in relation to a penalty under this Schedule, the tribunal may rely on paragraph 13—
(a)
to the same extent as HMRC (which may mean applying the same percentage reduction as HMRC to a different starting point), or
(b)
to a different extent, but only if the tribunal thinks that HMRC’s decision in respect of the application of paragraph 13 was flawed.
(4)
In sub-paragraph (3)(b) “flawed” means flawed when considered in the light of the principles applicable in proceedings for judicial review.
(5)
In this paragraph “tribunal” means the First-tier Tribunal or Upper Tribunal (as appropriate by virtue of paragraph 20(1)).