This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Out of reach?

Shared from Tax Insider: Out of reach?
By Mark McLaughlin, January 2022

Mark McLaughlin warns that taxpayers may be required to provide HMRC with documents not physically held. 

Taxpayers are sometimes issued with information notices requiring them to provide HM Revenue and Customs (HMRC) with information and documents ‘reasonably required’ to check the taxpayer’s tax position (or to collect a taxpayer’s tax debt).  

‘Possession or power’? 

However, there are various restrictions on HMRC’s powers. One such restriction is that HMRC can only require the taxpayer to produce a document if it is in their ‘possession or power’. 

This test has two alternative limbs. For example, an individual’s personal bank statements for the tax year 2020/21 should be in their ‘possession’ or ‘power’; even if they don’t possess paper

This is one of our 2242 Premium articles

To see this article in full and unlock access to our complete library of 2242 articles click 'subscribe & unlock' below:

Subscriptions include a 14 day free trial
+ money back satisfaction guarantee

Begin your tax saving journey today

Each month our tax experts reveal FREE tax strategies to help minimise your taxes.

To get Tax Insider tips and updates delivered to your inbox every month simply enter your name and email address below:

Thank you
Thank you for signing up to hear from us!