Schedule 36 notices - 2nd Edition
HMRC have powers, under Schedule 36 to FA 2008, to obtain information and documents from taxpayers and certain third parties. Those powers were extended by FA 2021, allowing HMRC to seek details from financial institutions (e.g. of a particular taxpayer’s credit card transactions).
All of these powers are subject to statutory constraints, and this book clearly explains both the extent of the HMRC powers and the associated safeguards, based on statutory provisions and numerous case law precedents.
The author encourages recipients of information notices to comply fully with requests that are within the law, but to recognise and stand up to those that are not. Professional advisers are reminded of the risks of providing more information than the law requires.
New for this edition
This edition is fully up to date, reflecting key decisions such as:
- Kandore where the Court of Appeal considered the procedures when the First-tier pre-approves an information notice
- Yerou, Hackmey and One Call which give further guidance on when information is reasonably required
- Wiseman and Turcan dealing with claims that certain information is subject to legal professional privilege
- Thomas which provides guidance in relation to ambiguities within an information notice
- Butcher which discusses the extent to which a redacted document may be given to HMRC and the consequences of inadvertently omitting one document in a response to HMRC
- AML and Mattu giving further guidance on the additional penalties that can be charged in cases of persistent non-compliance.
It also contains new commentary to reflect HMRC’s revised approach to Alternative Dispute Resolution, and reflects developments in cases discussed in the previous edition (Embiricos and Sheiling Properties).
"Essential reading for anyone involved with HMRC enquiry work. ... The great strength of this book is that, unlike many such learned texts, it is immensely readable and littered throughout with helpful extracts of relevant tax cases." – TAXline (November 2021)
About the author
Keith M Gordon
MA (Oxon), FCA, CTA (Fellow) is a barrister who has used his own professional experience to illustrate the text with case studies not found in the published case reports.