SVM118010 - Statutory Notices: Capital Gains Tax, Income Tax, Corporation Tax (Inheritance Tax and Stamp Duty Land Tax and others from 1 April 2010) - introduction
From 1 April 2009 for most tax purposes, to include Capital Gains Tax, Income Tax, Corporation Tax (Inheritance Tax and Stamp Duty Land Tax and others from 1 April 2010) the statutory means of securing information and/or documentation for the purposes of checking the tax position of the Taxpayer is through the use of the statutory information powers at Schedule 36, Finance Act 2008.
If there is delay in producing information and / or documents that are considered to be reasonably required for the purposes of checking the person’s tax position, Schedule 36 authorises an officer of Revenue and Customs to issue a notice requiring the person to produce that information and/or those documents.
For these purposes a Person has a wide meaning. It includes, amongst others:
- An individual, including someone who has died
- A company including one that has ceased to exist
- A trustee
- A personal representative.
There are five types of notices:
| Type of notice | Meaning |
|---|---|
Taxpayer notice |
Requiring the person to provide information or documents to check their own tax position |
Third party notice |
Requiring a third party to provide information or documents to check another person's tax position |
Identity unknown notice |
Requiring a person to provide information or documents to check the tax position of a person, or class of person whose identities are unknown |
| Identification notice | Requiring a person to provide 'relevant information' about a person or class of persons whose identity is not known by HMRC but where HMRC has informatin from which their identity can be ascertained. This means that we hold some information from which somebody else can tell us the identity of the person. 'Relevant information' is the name, address and date of birth (if known ) of the person whose identity is being sought. |
| Financial institution notice | Requiring financial institutions to provide information to the department that it reasonably requires for the purpose of either checking the tax position of a known taxpayer or collecting a tax debt of the taxpayer. |
Taxpayer Notices are to be issued by the instructing office.
Third party, Identity Unknown, Financial Institution and Identification Notices must first be discussed with the Litigation and Technical Advice Team (LTAT) before discussing with the instructing office - see SVM118020 and SVM117010.
Additional Guidance: SVM150000