Section 33E — Finance Act 2003: Nature of review etc

Nature of review etc 33E 1 This section applies if HMRC are required to undertake a review under section 33B or 33D.

2 The nature and extent of the review are to be such as appear appropriate to HMRC in the circumstances.

3 For the purpose of subsection (2), HMRC must, in particular, have regard to steps taken before the beginning of the review—

a by HMRC in reaching the decision, and b by any person in seeking to resolve disagreement about the decision.

4 The review must take account of any representations made by P at a stage which gives HMRC a reasonable opportunity to consider them.

5 The review may conclude that the decision is to be—

a upheld, b varied, or c cancelled.

6 HMRC must give P notice of the conclusions of the review and their reasoning within—

a a period of 45 days beginning with the relevant date, or b such other period as HMRC and P may agree.

7 In subsection (6) “relevant date” means—

a the date HMRC received P’s notification accepting the offer of a review (in a case falling within section 33A), or b the date on which HMRC decided to undertake the review (in a case falling within section 33D).

8 Where HMRC are required to undertake a review but do not give notice of the conclusions within the period specified in subsection (6), the review is to be treated as having concluded that the decision is upheld.

9 If subsection (8) applies, HMRC must notify P of the conclusions which the review is treated as having reached.