In circumstances where HMRC considers that a taxpayer is failing to provide appropriate co-operation by way of information or documentation, Schedule 36 of the Finance Act 2008 provides for the issue of a formal legal notice, commonly known as an ‘Information Notice’.
Such Information Notice requires a taxpayer to provide information or to produce a document when reasonably required by HMRC for the purpose of checking the taxpayer’s tax position.
John Veale of Kangs Solicitors comments upon the operation of such Notices.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field of financial crime investigations. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for six consecutive years in the legal directory Chambers UK.
Other members of the team are ranked in the Legal 500 and in Chambers UK.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
Operation of an Information Notice | Kangs Tax Enquiries Solicitors
- Where HMRC is checking an individual’s tax position and has requested documentation or information that has not been provided, an Information Notice may be issued.
- In certain circumstances, HMRC may seek the approval of the Tax Tribunal before issuing an Information Notice.
- HMRC may serve an Information Notice without firstly requesting the information or documentation.
- HMRC can request any information/documentation considered relevant.
- HMRC cannot ask for information not in the possession of the taxpayer or which cannot be obtained, that relates to the tax position of a person who died more than four years before the issue of the Information Notice, documents created in preparation of a tax appeal, legally privileged documents or any material affecting health or welfare.
- There is no right of appeal against any request in the Information Notice seeking statutory records in relation to tax matters although a right of appeal exists in relation to a request affecting other documentation/information.
Failure To Comply With An Information Notice | Kangs Tax Investigations Solicitors
- Failure to supply information requested by the date specified in the Information Notice may result in a £300 penalty.
- An ongoing daily penalty of £60 may accrue until the information is provided.
- Concealing or destroying or arranging to conceal or destroy documentation or information that has been requested, will attract penalties.
- A penalty of up £3,000 may be imposed for carelessly or deliberately providing incorrect documentation/information. This being for each incorrect document or piece of information.
- Penalties can be avoided if any inaccuracies in regard to information provided to HMRC are notified promptly upon discovery.
- Ultimately, inaccuracies, concealing documentation/information or destroying can result in a criminal investigation being commenced.
Who Can I Contact for Advice & Help? | Kangs Tax Fraud Investigations Solicitors
If you receive an Information Notice, or any other Notice from HMRC you should seek immediate expert advice.
The Team at Kangs Solicitors offers specialist advice and guidance in all aspects of Investigations pursued by HMRC including:
- Domicile issues
- Tax Tribunal Representation
- Code of Practice 8 investigations
- Code of Practice 9 declarations
- HMRC Criminal investigation and prosecution.
Please do not hesitate to contact the team at Kangs Solicitors through any of the following who will be pleased to speak to you: