Jason Collins asks whether the Tribunal in Parissis came to the right conclusion on when a document is within a person’s ‘power’
Despite the phrase ‘power’ being a feature for many years of the legislation which enables HMRC to issue notices to gather documents there has been little case law on its meaning. In HMRC v Panos Parissis Adrian Towland and Ian Harrison (TC01083 – 20 April) the First-tier Tribunal (FTT) adopted a wide interpretation of the phrase in connection with an information notice issued under TMA 1970 s 20.
Background
The three taxpayers were variously settlors and beneficiaries of three Guernsey trusts which were administered by a commercial trustee company. HMRC issued a s 20 notice...
