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Appeal to the Tax Chamber of the First-tier Tribunal

When a notice of counteraction has been issued to a taxpayer, they have the right to appeal to the Tax Chamber of the First-tier Tribunal by giving notice to an HMRC officer within 30 days. The appeal may be on the grounds that the transactions in securities legislation does not apply to them in respect of the transaction or transactions in question or that the proposed adjustments are inappropriate¹.

The procedure as regards an appeal is in general similar to that for any other tax appeal to the First-tier Tribunal², but if the appeal is on the grounds that CTA 2010, Pt 15 or ITA 2007, ss 682–713 (Pt 13, Ch 1) does not apply, the onus is on HMRC to establish the circumstance on which they rely³. In practice, before the hearing of an appeal, HMRC may be prepared to show the taxpayer a copy of their counter-statement to the Tribunal (see E1.1430) which will specify the relevant