In Joshy Mathew v HMRC [2015] UKFTT 139 (31 March 2015) the FTT found that most documents requested by HMRC were not statutory records; the taxpayer was however required to produce them.
HMRC had opened enquiries into Mr Mathew’s returns for the years 2008/09 through to 2012/13. He was appealing against information notices (issued under FA 2008 Sch 36) and applying for a direction that HMRC close all enquiries.
The first notice required (inter alia) the provision of a schedule of shareholdings. Under FA 2008 Sch 36 para 29(2) a taxpayer cannot appeal against an information notice requiring the production of statutory records. As there had been no acquisitions or disposals of shareholdings during the relevant period the schedule was not relevant to the preparation of the tax return and so Mr Mathew had a right of appeal against this item of the information notice.
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