Section 83FA — Value Added Tax Act 1994: Nature of review: penalties under Schedule 24 to FA 2021

Nature of review: penalties under Schedule 24 to FA 2021 83FA 1 This section applies if HMRC are required, by virtue of paragraph 23(1) of Schedule 24 to the Finance Act 2021, to undertake a review under section 83C or 83E of a penalty decision in respect of which an appeal lies under paragraph 22(b) of that Schedule.

2 The review may also conclude that HMRC's decision that P was liable to any of the penalty points by virtue of which P was liable to the penalty in respect of which the appeal lies is to be—

a upheld, or b cancelled.

3 Subsection (2) applies in relation to a penalty point even if the time limit for appealing against it expired before the relevant date.

4 Subsection (2) does not apply in relation to a penalty point if—

a it was concluded on an earlier review required to be undertaken under section 83C or 83E that HMRC's decision that P was liable to the penalty point was to be upheld, or b HMRC's decision that P was liable to the penalty point has been affirmed on appeal.

5 In subsection (3) “ relevant date ” has the same meaning as in section 83F(6) (see section 83F(7)).