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Company Directors: Duties, Liabilities and Remedies

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Schedule 36 Notices: HMRC information requests 2nd ed


ISBN13: 9781912386727
Previous Edition ISBN: 9781912386499
Published: October 2022
Publisher: Claritax Books
Country of Publication: UK
Format: Paperback
Price: £85.00



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HMRC have powers, under Schedule 36 to FA 2008, to obtain information and documents from taxpayers and certain third parties. Those powers were extended by FA 2021, allowing HMRC to seek details from financial institutions (e.g. of a particular taxpayer’s credit card transactions).

All of these powers are subject to statutory constraints, and this book clearly explains both the extent of the HMRC powers and the associated safeguards, based on statutory provisions and numerous case law precedents.

The author encourages recipients of information notices to comply fully with requests that are within the law, but to recognise and stand up to those that are not. Professional advisers are reminded of the risks of providing more information than the law requires.

This edition is fully up to date, reflecting key decisions such as:

  • Kandore where the Court of Appeal considered the procedures when the First-tier pre-approves an information notice
  • Yerou, Hackmey and One Call which give further guidance on when information is reasonably required
  • Wiseman and Turcan dealing with claims that certain information is subject to legal professional privilege
  • Thomas which provides guidance in relation to ambiguities within an information notice
  • Butcher which discusses the extent to which a redacted document may be given to HMRC and the consequences of inadvertently omitting one document in a response to HMRC
  • AML and Mattu giving further guidance on the additional penalties that can be charged in cases of persistent non-compliance

The new edition also contains new commentary to reflect HMRC’s revised approach to Alternative Dispute Resolution, and reflects developments in cases discussed in the previous edition (Embiricos and Sheiling Properties).

Subjects:
Taxation
Contents:
Overview of HMRC’s information powers
When can HMRC issue a Schedule 36 notice?
Restrictions – “reasonably required”
Restrictions – additional safeguards
Different types of information notice
Pre-approval by the tribunal
Statutory records
Other requirements for a valid information notice
HMRC powers in relation to documents produced
Appeals against Schedule 36 notices
Concealment and destruction of documents
Penalties for non-compliance
Special cases (including groups, partnerships, domicile …)
Miscellaneous provisions
Appendices

Series: Claritax Books

Non-UK Domiciled Individuals: UK Tax Compliance and Planning ISBN 9781912386659
To be published August 2024
Claritax Books
£95.00
Tax Appeals: Law and Practice at the FTT 6th ed ISBN 9781912386925
Published February 2024
Claritax Books
£90.00
Main Residence Relief 4th ed ISBN 9781912386833
Published January 2024
Claritax Books
£85.00
Discovery Assessments: How to Challenge Them 4th ed ISBN 9781912386918
Published November 2023
Claritax Books
£90.00
Research and Development: with Patent Box 3rd ed ISBN 9781912386505
Published May 2023
Claritax Books
£85.00
Taxation of Partnerships 2nd ed ISBN 9781912386567
Published October 2022
Claritax Books
£85.00
Cryptocurrency and Other Digital Assets: Tax Law and Practice ISBN 9781912386536
Published September 2022
Claritax Books
£80.00
Employee Share Schemes: Equity Reward for Private Companies 2nd ed ISBN 9781912386208
Published July 2022
Claritax Books
£85.00
Taxpayer Safeguards: Rights and Protections for Individuals 2nd ed ISBN 9781912386512
Published February 2022
Claritax Books
£85.00
Tax Appeals: Law and Practice at the FTT 5th ed ISBN 9781912386604
Published February 2022
Claritax Books
Out of print
Discovery Assessments: How to Challenge Them 3rd ed ISBN 9781912386598
Published January 2022
Claritax Books
Out of print
Construction Industry Scheme: Guidance and Commentary 3rd ed ISBN 9781912386451
Published November 2021
Claritax Books
£80.00
Personal Representatives: A Guide for Tax Practitioners 2nd ed ISBN 9781912386413
Published August 2021
Claritax Books
£85.00
Schedule 36 Notices: HMRC information requests ISBN 9781912386499
Published July 2021
Claritax Books
£85.00
Capital Allowances 2021-22 ISBN 9781912386376
Published May 2021
Claritax Books
Out of print
Inheritance Tax: Lifetime Transfers and the Death Estate ISBN 9781912386345
Published October 2020
Claritax Books
Out of print
Pension Tax Guide 2020-21 ISBN 9781912386369
Published August 2020
Claritax Books
Out of print
Out of print
Furnished Holiday Lettings: A Tax Guide 4th ed ISBN 9781912386222
Published June 2020
Claritax Books
£70.00
Taxation of Partnerships ISBN 9781912386314
Published June 2020
Claritax Books
Out of print
Main Residence Relief 3rd ed ISBN 9781912386239
Published April 2020
Claritax Books
Out of print
Living and Working Abroad ISBN 9781912386260
Published February 2020
Claritax Books
£50.00
A-Z of Plant & Machinery 2019-20 ISBN 9781912386215
Published May 2019
Claritax Books
Out of print
Research and Development: With Patent Box 2nd ed ISBN 9781908545756
Published April 2019
Claritax Books
Out of print
Out of print
Personal Representatives: A Guide for Tax Practitioners ISBN 9781912386116
Published March 2019
Claritax Books
Out of print
Stamp Duty Land Tax: A Practical Guide 6th ed ISBN 9781912386178
Published March 2019
Claritax Books
Out of print
Managing Risk: A Guide for Accountants and Tax Advisers ISBN 9781912386130
Published February 2019
Claritax Books
Out of print
Employment Status: A Tax Guide 4th ed ISBN 9781912386024
Published January 2019
Claritax Books
£85.00
Employee Share Schemes: Equity Reward for Private Companies ISBN 9781912386031
Published July 2018
Claritax Books
Out of print
Financial Planning with Trusts 2018-19 ISBN 9781912386109
Published July 2018
Claritax Books
Out of print
A-Z of Plant & Machinery 2018-19 ISBN 9781912386062
Published July 2018
Claritax Books
Out of print
Enterprise Investment Scheme and Other Venture Capital Reliefs ISBN 9781912386048
Published May 2018
Claritax Books
£85.00
VAT Registration: Unravelling the Complexities 2nd ed ISBN 9781912386000
Published February 2018
Claritax Books
£60.00
Construction Industry Scheme: Guidance and Commentary 2nd ed ISBN 9781908545954
Published November 2017
Claritax Books
Out of print
Furnished Holiday Lettings: A Tax Guide 3rd ed ISBN 9781908545732
Published June 2017
Claritax Books
Out of print
Residence: The Definition in Practice 3rd ed ISBN 9781908545817
Published January 2016
Claritax Books
Out of print
Research and Development: Maximising the Tax Relief ISBN 9781908545619
Published December 2014
Claritax Books
Out of print
PAYE: A Practical Guide 2012-13 ISBN 9781908545176
Published October 2012
Claritax Books
Out of print
Capital Allowances for Fixtures: 2012-13 ISBN 9781908545152
Published April 2012
Claritax Books
Out of print