The following Tax guidance note Produced in partnership with Cathya Djanogly provides comprehensive and up to date legal information covering:
HMRC's powers to check a person's tax position are in Schedule 36 to the Finance Act 2008.
The powers enable HMRC to:
obtain documents and information, and
inspect business premises
This Practice Note describes HMRC's powers to inspect business premises, and the restrictions on those powers. The powers to obtain information and documents are covered in Practice Note: HMRC information powers.
Revenue Scotland and the Welsh Revenue Authority have equivalent powers in relation to the devolved taxes.
Wider-reaching powers are available to HMRC where fraud is suspected. For more details, see Practice Note: HMRC criminal investigations and dawn raids.
HMRC may also exercise inspection powers in its anti-money laundering capacity. For more details, see Checklist: HMRC guidance under the Money Laundering Regulations 2017.
HMRC may use its inspection powers only if this is reasonably required for checking a person's tax position. Tax position is widely defined and includes:
past, present and future tax liabilities
tax claims, elections, applications and notices
According to HMRC guidance, 'reasonably required' means getting the balance right between:
the burden put on someone to face an inspection, and
how important the inspection is in deciding on the correct tax position
The powers apply to all the major taxes, including income tax, corporation tax, capital gains tax, PAYE, NICs, VAT,
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