Commentary

HMRC's power to obtain information

Budget Day 2021
Budget Day 2021 | Commentary

HMRC's power to obtain information

Budget Day 2021 | Commentary

HMRC's power to obtain information

Under FA 2008, Sch 36, HMRC has the power to obtain information and documents by means of a taxpayer notice, provided it is reasonably required to check that person's tax position. In July 2018 a consultation was launched to explore the effectiveness and efficiency of HMRC's civil information powers, and to consider possible targeted improvements. The consultation closed in October 2018 and the outcome has resulted in the proposed legislation in the Draft Finance Bill 2021.

The issue of an information notice under FA 2008, Sch 36 is for the purpose of checking a taxpayer's tax position and allows HMRC to access information and documents, even before a return has been filed, from:

  1.  

    •     the taxpayer directly

  2.  

    •     a third party about a known taxpayer

  3.  

    •     a third party about a taxpayer whose

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