Tax Collection and Management (Wales) Act 2016

108 Approval of tribunal for inspection of premises

(1) WRA may ask the tribunal to approve—

(a) an inspection under section 103 or 106, or

(b) the exercise of powers under section 104 or 105 in relation to an inspection under section 103 which has been agreed to by the occupier of the premises.

(2) The tribunal’s approval of an inspection under section 103 includes approval of the exercise of the powers under section 104 or 105 subject to any conditions imposed by the tribunal in approving the inspection.

(3) An application for approval may be made under subsection (1) without notice of the application being sent to—

(a) the person whose tax position is the subject of the proposed inspection, or

(b) the occupier of the premises.

(4) The tribunal may approve an inspection under section 103 only if—

(a) it is satisfied that WRA has grounds for believing that the inspection of the business premises is required for the purpose of checking a person’s tax position, and

(b) if the application for approval was made without notice, it is satisfied that sending notice of the application might have prejudiced the assessment or collection of devolved tax.

(5) The tribunal may approve an inspection under section 106 only if it is satisfied that the inspection is required for the purposes of checking any person’s tax position and—

(a) if the application for approval was made without notice, it is satisfied that sending notice of the application might have prejudiced the assessment or collection of devolved tax, or

(b) in any other case—

(i) the person whose tax position is the subject of the proposed inspection has been given a reasonable opportunity to make representations to WRA about the inspection,

(ii) the occupier of the premises has been given a reasonable opportunity to make such representations, and

(iii) the tribunal has been provided with a summary of any representations made.

(6) Subsection (5)(b)(ii) does not apply if the tribunal is satisfied that the occupier of the premises cannot be identified.

(7) Where the tribunal has approved an inspection under subsection (1)(a) or the exercise of a power under subsection (1)(b), WRA must carry out the inspection or exercise the power⁠—

(a) no later than 3 months after the day on which the tribunal’s approval was given, or

(b) within such shorter period as the tribunal may specify when giving the approval.