This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

No Right Of Appeal Against Rejection Of Late Overpayment Relief Repayment Claim

By Mark McLaughlin, August 2018
A letter from HMRC rejecting a late overpayment relief claim did not constitute a closure notice, there was therefore no right of appeal against it, and TMA 1970, s 118(2) was not capable of applying to extend the time limit for making the claim.

Summary

A letter from HM Revenue and Customs (HMRC) rejecting a late overpayment relief claim did not constitute a closure notice (under TMA 1970, Sch 1A, para 7(2)), there was therefore no right of appeal against it, and TMA 1970, s 118(2) was not capable of applying to extend the time limit for making the claim. 

Background

The taxpayer submitted her self-assessment return for the tax year 2006/07 on 14 January 2008. She made no amendment to her return (under TMA 1970, s 9ZA) within the permitted period of one year from the filing date (which expired on 31 January 2009).

The taxpayer later
Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Penalties cancelled as accelerated payment notices were not received
By Mark McLaughlin, March 2020
Additional liabilities confirmed in the absence of credible evidence
By Mark McLaughlin, February 2020
Tax Return Late Filing Penalty Appeal Allowed As Insufficient Evidence That Filing Notices Were Sent
By Mark McLaughlin, June 2018
Only Some Unidentified Receipts Treated As Additional Income Or Profits
By Mark McLaughlin, December 2016
HMRC Could Allocate Taxpayer Payments As It Saw Fit
By Mark McLaughlin, March 2016