1012 Modification of provisions as to appeals

Summary

This section applies the usual appeal procedure to determinations of partnership profits, joint allowances and joint charges.

Details

(1) When the inspector has made a determination under section 1008(3) or 1010(6), he/she may give notice of it to the precedent partner.

A partner aggrieved by the determination under section 1008(3) or 1010(6) may appeal the determination by way of notice in writing to the Appeal Commissioners. The appeal must be made within 30 days after the date of the notice of the determination. The appeal is heard and determined by the Appeal Commissioners in the manner provided for in Part 40A of the Taxes Consolidation Act 1997.

(2) If a determination is not appealed against, or if any appeal against it has been settled, it is to be binding on all the partners and no question as to its correctness can be raised by any partner on an appeal against any assessment made on him/ her or on a claim under section 381.

(3) Where the inspector’s apportionment of partnership profits, joint allowances or joint charges is not accepted by one or more of the partners, all the partners, and not only the one who appeals, have the right to be informed of, and to be present at, the hearing of the matter by the Appeal Commissioners.

Relevant Date: Finance Act 2021