INTM603920 - Transfer of assets abroad: Information powers: Time to comply

The legislation says at least 30 days; usually, 35 days is an appropriate minimum. But the quantity of requested information and its location should be borne in mind when setting a date by which the particulars are to be provided. Reasonable requests for further time to comply should be treated sympathetically.

A person is not regarded as having failed to comply with a Notice if there is compliance within such further time, if any, as may have been allowed – TMA70/S118(2). Where there was a reasonable excuse for non-compliance, there will not be a failure to comply if the failure was rectified without unreasonable delay after the excuse had ceased.

Therefore, if a request for an extension of time for compliance with a Notice is granted, the person on whom the Notice was served should be sent a letter specifying the revised date by which the information is to be supplied. This applies whether the request for an extension of time is made in writing or orally. A copy of the letter should be sent to the individual’s agents.