Third party and taxpayer v HMRC, a case on Sch 36 information notices served on a solicitor is, at first sight, a clear victory for HMRC. However, the tribunal’s decision provides helpful commentary on the approach to be taken to privileged documents, proportionality and relevance. The lack of privilege over conveyancing documents, in particular, should be borne in mind when private client firms advise on clients’ property transactions with a tax angle. The context was an investigation into undeclared offshore income and gains, which remains an area of close HMRC scrutiny and in that context this FTT decision is important to all tax advisers.
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Third party and taxpayer v HMRC, a case on Sch 36 information notices served on a solicitor is, at first sight, a clear victory for HMRC. However, the tribunal’s decision provides helpful commentary on the approach to be taken to privileged documents, proportionality and relevance. The lack of privilege over conveyancing documents, in particular, should be borne in mind when private client firms advise on clients’ property transactions with a tax angle. The context was an investigation into undeclared offshore income and gains, which remains an area of close HMRC scrutiny and in that context this FTT decision is important to all tax advisers.
If you are not a subscriber, subscribe now to read this content.
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