In HMRC v Ex parte a taxpayer [2014] UKFTT 931 – 30 September 2014 the FTT explained the circumstances in which HMRC can withhold the reasons for an information notice.
Under FA 2008 sch 36 para 3(3)(e) the tribunal can only approve a third party notice (i.e. a notice requiring the production of information on another taxpayer) if the taxpayer has been given a summary of the reasons for the notice.
The FTT gave its conclusions on two points of law. The first point for construction was what reasons should be summarised and the ‘shorter answer’ given by the FTT was ‘all of them’. The FTT stressed that it is not appropriate for only the most important reasons to be summarised. Similarly it is not appropriate to exclude reasons for confidentiality purposes unless a proper dispensation has...
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In HMRC v Ex parte a taxpayer [2014] UKFTT 931 – 30 September 2014 the FTT explained the circumstances in which HMRC can withhold the reasons for an information notice.
Under FA 2008 sch 36 para 3(3)(e) the tribunal can only approve a third party notice (i.e. a notice requiring the production of information on another taxpayer) if the taxpayer has been given a summary of the reasons for the notice.
The FTT gave its conclusions on two points of law. The first point for construction was what reasons should be summarised and the ‘shorter answer’ given by the FTT was ‘all of them’. The FTT stressed that it is not appropriate for only the most important reasons to be summarised. Similarly it is not appropriate to exclude reasons for confidentiality purposes unless a proper dispensation has...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
