HMRC have updated their guidance on “Reviews and appeals for indirect taxes: Appealing against a decision or assessment: Customer does not accept the offer of a review but provides new information” at ARTG 3080.
According to HMRC, the guidance has been “amended throughout”.
Following the change (made on 14 November 2022), the page reads as follows:
“Where the customer does not accept the offer of a review (or asks for an extension of time to accept it) and provides new information or arguments, the decision maker should consider the representations to see if the dispute may be resolved. If this is likely to take some time, they should write to the customer explaining that they are considering the information provided and that they will write again giving the outcome of their consideration.
Section 83D VATA 1994 allows for an extension of the period in which the customer may accept the offer of a review. If the representations are made before the review deadline expires the decision maker can offer an extension to prevent cases entering the formal review or appeal process prematurely. To have effect, an extension must be confirmed to the customer in writing before the expiry of the original period for appealing or accepting the review offer.
The letter should also say that (if we do not agree with their view of the matter) the period within which the customer may appeal or accept the offer of a review will be extended to 30 days from the date of that second letter (or 45 days for decisions falling under s14(3) FA1994) – see ARTG3060).
If the dispute can be resolved, the decision maker should follow the usual procedures and close the case. If the information is not sufficient to resolve the dispute fully, then the decision maker should write to the customer explaining the extent to which their view has changed (if at all). ). If an extension was made under s83D then the letter should give a further 30 days within which to appeal or to accept our offer of review.
The same options flow from the review offer as when it was originally made, see ARTG3050.
However, if the decision maker makes a new decision based on the new information then this will generate fresh appeal and review rights.
The time limit for a customer to accept a review offer may have expired before any representations were made. If no extension was agreed beforehand HMRC can only undertake a review if there was a reasonable excuse for lateness and the request was made without undue delay after the excuse ended. In this case you should not offer an extension as outlined above, instead ask the customer if they have a reasonable excuse that would allow a late review (see ARTG4300).”
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