Discovery is becoming more relevant as it seems HMRC is more prepared than ever to use its information powers to obtain evidence to make assessments outside the normal time limits.
The recent case law on TMA 1970 s 29 (FA 1998 Sch 18 para 41 et seq for corporation tax) has been well-documented in this journal see ‘A journey of discovery’ (Richard Clarke & Jennifer Knowlson) 29 September 2008 and ‘"Protective" discovery assessments’ (Jim Wilson) 31 May 2010.
Case law in this area continues to develop notably R (on the application of Pattullo) v HMRC [2010] STC 107; and more recently HMRC v Lansdowne Partners Ltd Partnership [2010] EWHC 2582 (Ch) and Derek William Hankinson v HMRC [2010] UKUT 361 (TCC).
TMA 1970 s 29 states that HMRC cannot make a discovery assessment unless one of two conditions is fulfilled:
the under-assessment is attributable to fraudulent...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Discovery is becoming more relevant as it seems HMRC is more prepared than ever to use its information powers to obtain evidence to make assessments outside the normal time limits.
The recent case law on TMA 1970 s 29 (FA 1998 Sch 18 para 41 et seq for corporation tax) has been well-documented in this journal see ‘A journey of discovery’ (Richard Clarke & Jennifer Knowlson) 29 September 2008 and ‘"Protective" discovery assessments’ (Jim Wilson) 31 May 2010.
Case law in this area continues to develop notably R (on the application of Pattullo) v HMRC [2010] STC 107; and more recently HMRC v Lansdowne Partners Ltd Partnership [2010] EWHC 2582 (Ch) and Derek William Hankinson v HMRC [2010] UKUT 361 (TCC).
TMA 1970 s 29 states that HMRC cannot make a discovery assessment unless one of two conditions is fulfilled:
the under-assessment is attributable to fraudulent...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
