This volume by Keith Gordon is still, we believe, the only book on the market that focuses exclusively on the topic of discovery assessments.
Self-assessment was meant to bring greater finality to taxpayers’ affairs, but cutbacks at HMRC mean that fewer enquiries are being pursued. Consequently, when errors are picked up, HMRC are increasingly relying on their powers to make discovery assessments. Frequently, however, HMRC overlook (and often fail even to mention) the statutory safeguards that are intended to protect taxpayers from challenges outside a formal SA enquiry. It is only with a clear guide as to the extent of HMRC’s powers that advisers can ensure that they protect their clients from inappropriate challenges.
The rules have been subject to considerable scrutiny, particularly in the past seven years, and the author of this title has been involved in many of the leading cases. His book provides tax advisers with a clear and comprehensive guide to the rules concerning discovery assessments and contains much practical advice explaining how such assessments may be challenged.
“An essential guide for any practitioner acting in cases involving discovery assessments, and is both scholarly and practical.” – TAXline review of first edition
Contents (in brief)
Overview and introduction
The meaning of “discover”
Careless or deliberate conduct
Insufficiency of disclosure
Defences against a discovery assessment
Time limits for discovery assessments
Consequential claims by taxpayers
Interaction with HMRC investigatory powers
New for this edition
The Supreme Court Tooth decision (deliberate conduct, staleness).
Updated commentary on “reasonable disclosure” (following Hicks and Beagles decisions).
Interaction with standalone charges to income tax.