Section 8B — Taxes Management Act 1970: Withdrawal by HMRC of notice under section 8 or 8A

Withdrawal by HMRC of notice under section 8 or 8A 8B 1 This section applies to a person who is given a notice under section 8 or 8A.

2 Before the end of the withdrawal period, HMRC may withdraw the notice (whether at the request of the person or otherwise) .

3 But the notice may not be withdrawn if—

a the person has made a return under section 8 or 8A in pursuance of the notice under that section, or b the person has been served with notice of a determination under section 28C by virtue of the notice under section 8 or 8A having been given to the person.

4 If ... HMRC decide to withdraw the notice under section 8 or 8A they must do so by giving the person a notice under this section.

5 A notice under this section must specify the date on which the notice under section 8 or 8A is withdrawn.

6 For the purposes of subsection (2) “ the withdrawal period ” means—

a the period of 2 years beginning with the end of the year of assessment to which the notice under section 8 or 8A relates, or b in exceptional circumstances, such extended period as HMRC may determine .

7 Withdrawal of a notice given to a person under section 8 or 8A in relation to a year of assessment does not prevent HMRC from giving the person a further notice under that section in relation to that year.

8 See paragraph 17A of Schedule 55 to FA 2009 as to the cancellation of liability to a penalty under any paragraph of that Schedule by including provision in a notice under this section.

8 See paragraph 21 of Schedule 24 and paragraph 16 of Schedule 25 to the Finance Act 2021 as to the cancellation of liabilities under those Schedules by including provision in a notice under this section.