Disapplying Conditions

Para. 3 (4) permits the Tribunal to disapply conditions (3) to (6) if they are satisfied that telling the taxpayer that the information or documents are required and giving them a reasonable opportunity to make representations would prejudice the assessment or collection of tax.

Para. 3 (5) permits the Tribunal to disapply the requirement to name the taxpayer in the notice if they are satisfied that the officer has reasonable grounds for believing that naming the taxpayer would seriously prejudice the assessment or collection of tax.

HMRC have indicated that they would consider that it would prejudice the assessment or collection of tax where they believe there is a risk of:-

  • Collusion with or intimidation of a third party
  • The person’s flight or disappearance
  • The alienation of assets
  • Destruction of evidence

 

HMRC would consider that there was a serious risk of prejudice to the collection or assessment of tax if there was a risk of:-

  • Tipping of a person suspected of committing a serious civil offence
  • The loss of significant amounts of tax

 

Under FA 2008, Sch. 36, para. 34 (2), no approval is needed to issue a third party notice requiring only information or documents that form part of the taxpayer’s statutory records and relate to:-

  • The supply of goods or services
  • Acquisitions of goods from another member state
  • Importation of goods from outside the member states in the course of carrying on a business

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