|Suitable for||Tax advisers|
Schedule 36 notices
Schedule 36 Notices - HMRC information requests
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.
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. Read more here.
- Overview of HMRC’s information powers
- When can HMRC issue a Schedule 36 notice?
- Restrictions on HMRC powers
- Different types of information notice
- Pre-approval by tribunal
- Statutory records
- Requirements for a valid notice
- HMRC powers re documents produced
- Appeals against Schedule 36 notices
- Concealment and destruction of documents
- Penalties for non-compliance
- Special cases (e.g. partnerships, herd basis, groups of companies)
- Miscellaneous provisions