RCB/54/09 Regulations to resolve disputes about whether documents are covered by legal professional privilege
Revenue & Customs Brief, Issue 54. 18 August 2009
HM Revenue and Customs (HMRC) has published new regulations about whether information it has requested can be withheld due to legal professional privilege.
The regulations are in SI 2009/1916. The Information Notice: Resolution of Disputes as to Privileged Communications Regulations 2009, which became effective on 7 August 2009.
They apply where HMRC has given an information notice to a person and there is a dispute about whether the requested document can be withheld due to legal professional privilege. The aim is to provide a clear method to resolve these disputes.
HMRC will amend technical guidance and add new operational guidance to the Compliance Handbook in September 2009.
Meanwhile this Business Brief aims to give an overview of the new system.
The new compliance checks legislation is one of the first pieces of cross cutting legislation designed to make the tax system simpler and more consistent.
From 1 April 2009, under Sch 36 of the 2008 Finance Act, HMRC has one set of powers covering Capital Gains Tax, Corporation Tax, the