CH23150 - Information & Inspection Powers: Information notices: Financial Institution Notice: Non-Disclosure

When you send a FIN to a Financial Institution, you must always send a copy to the taxpayer to whom the notice relates unless the tribunal has disapplied this requirement (CH23140). If the tribunal has disapplied this requirement, then you should include a requirement within the notice that the Financial Institution must not disclose the notice or anything relating to the notice to the taxpayer to whom the notice relates or any other person, except for a purpose relating to compliance with the notice. This also applies when you issue a third party notice and the requirement to give a copy to the taxpayer has been disapplied by the tribunal.

You should only request that the tribunal disapplies the requirement to provide a copy to the taxpayer when you consider that this may prejudice the assessment or collection of tax (CH24180). You must have the approval of an authorised officer (CH21720) before making any application to the tribunal.

If tribunal approval is obtained and you include within the notice the requirement that the Financial Institution must not notify the taxpayer, then this requirement lasts for a period of 12 months from when the notice is received. This 12-month period can either be withdrawn or extended in certain circumstances, however, you must have the approval of an authorised officer to do this.

An authorised officer can only agree to extend the period if they have reasonable grounds for believing that not extending the period may prejudice the assessment or collection of tax.

To withdraw or extend the 12-month period you should write to the Financial Institution advising them of this.

Extensions to the original non-disclosure period are for a further period of 12 months. You can extend the non-disclosure period more than once. Each further 12-month period begins the day following the last day of the previous period.

FA08/SCH36/PARA51A