David Tipping considers the conditions HMRC must satisfy to issue an information notice and the restrictions on its powers, and outlines how an appeal can be brought and how to maximise the chances of a successful outcome.
HMRC’s information powers (set out in FA 2008, Sch 36) are extensive and provide HMRC with a formidable arsenal to conduct an investigation, whether during the course of an enquiry or otherwise. They include the power to demand that taxpayers and third parties provide HMRC with information; the power to inspect business premises and the power to copy or remove documents provided to HMRC.
However, despite the scope of HMRC’s powers, it is important to remember that they are not unlimited and are subject to important safeguards. A good understanding of these safeguards, and when one should push back on HMRC&rsquo
