At first sight, the issue in HMRC v Embiricos is narrow, albeit important for individuals embroiled in long-running domicile investigations. The Court of Appeal has now held that HMRC has no power to issue a partial closure notice in respect of the taxpayer’s domicile and remittance basis claim without specifying the increased tax due as a result (which would necessarily require HMRC having information regarding the individual’s unremitted foreign income and gains). However, the case has wider significance than this. At its heart, the case is about the eternal tension between HMRC powers and taxpayer rights, and whether the balance of power has shifted too far in HMRC’s favour.
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At first sight, the issue in HMRC v Embiricos is narrow, albeit important for individuals embroiled in long-running domicile investigations. The Court of Appeal has now held that HMRC has no power to issue a partial closure notice in respect of the taxpayer’s domicile and remittance basis claim without specifying the increased tax due as a result (which would necessarily require HMRC having information regarding the individual’s unremitted foreign income and gains). However, the case has wider significance than this. At its heart, the case is about the eternal tension between HMRC powers and taxpayer rights, and whether the balance of power has shifted too far in HMRC’s favour.
If you are not a subscriber, subscribe now to read this content.
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