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Developments in HMRC’s formal information powers

Despite little change in the primary law, HMRC's practice over its information powers is changing due to continued pressure to increase tax yield and demands for data from its international counterparts, as experts at Deloitte explain.

HMRC’s primary formal information gathering powers are set out in FA 2008 Sch 36. Despite relatively few changes to this primary legislation in the last decade the application of its powers in practice has changed significantly. Whilst these changes initially responded to other shifts in HMRC’s wider enquiry practices the extension in how its information powers could be interpreted have in turn resulted in new approaches to HMRC investigations.

This article looks at how recent years have seen changes in both the fundamental assumptions of how Sch 36 should be interpreted and also the practical implications of these powers. In particular the changes in recent case law and 2018’s consultation on...

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