The following Personal Tax guidance note by Tolley in partnership with Emma Broadbent of Grant Thornton provides comprehensive and up to date tax information covering:
This guidance note and the following notes in this section mostly use the term ‘compliance check’ or ‘check the return’ in line with HMRC’s current terminology. However, the term ‘enquiry’ is still used in some HMRC guidance and in the referenced legislation from TMA 1970 and FA 1998 (subscription sensitive).
HMRC can make a formal check, or an informal check on a return, and it is important to distinguish the type of check being made.
Where the enquiry window is still open (see below), HMRC will primarily check a return using the legislation at TMA 1970, s 9A (for individuals and trustees), TMA 1970, s 12AC (for partnerships) and FA 1998, Sch 18, para 24 (for companies - subscription sensitive). This is a formal check.
However, HMRC may also request information on an informal basis, through FA 2008, Sch 36. These relatively new powers took effect on 1 April 2009 for income tax, corporation tax, capital gains tax and VAT, and provide HMRC with additional powers to obtain information and to inspect businesses.
HMRC will commonly use the powers provided by FA 2008, Sch 36 in the following circumstances:
The introduction of FA 2008, Sch 36 also marked the change in the approach and language used by HMRC from one of ‘opening enquiries’ to ‘checking returns’. See the archived HMRC FAQs in respect of compliance checks. The FAQs were published to provide guidance on the new information powers and have not
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