Taxes Consolidation Act 1997 Schedule 19 paragraph 16

Appeals

Paragraph 16 of Schedule 19 provides for appeals to the Appeal Commissioners where Revenue refuses or withdraws certification of an offshore fund as a distributing fund.

• An offshore fund (or its trustee or officer) may appeal to the Appeal Commissioners within 30 days of receiving a notice of refusal or withdrawal of distributing fund certification, or a notice that the application did not fully disclose all relevant facts.
• The Appeal Commissioners must hear and determine the appeal in accordance with the same principles that Revenue is required to follow when considering applications for certification under paragraph 15.
• The appeal is made in accordance with section 949I, which governs the general procedure for tax appeals.
• The Appeal Commissioners have jurisdiction to review any Revenue decision relevant to a ground of appeal, and may determine questions based on the evidence before them rather than simply reviewing whether Revenue acted reasonably.