Finance Act 2003

Part 1 Power of authorised officer to call for documents or information from taxpayer

Notice requiring taxpayer to deliver documents or provide information

1 (1) An authorised officer of the Board may by notice in writing require a person—

(a) to deliver to him such documents as are in that person’s possession or power and (in the officer’s reasonable opinion) contain, or may contain, information relevant to—

(i) any tax liability to which that person is or may be subject, or

(ii) the amount of any such liability, or

(b) to provide him with such information as he may reasonably require as being relevant to, or to the amount of, any such liability.

(2) An “authorised officer of the Board” means an officer of the Board authorised for the purposes of this Part of this Schedule.

(3) Before a person is given a notice under this paragraph he must be given a reasonable opportunity to deliver the documents or provide the information in question.

No application for consent under paragraph 2 shall be made unless he has been given that opportunity.

Requirement of consent of General or Special Commissioner

2 (1) The consent of a General or Special Commissioner is required for the giving of a notice under paragraph 1.

(2) Consent shall not be given unless the Commissioner is satisfied that in all the circumstances the officer is justified in proceeding under that paragraph.

(3) A Commissioner who has given such consent shall not take part in, or be present at, any proceedings on, or related to, any appeal brought by the person to whom the notice applies if the Commissioner has reason to believe that any of the required information is likely to be adduced in evidence in those proceedings.

The “required information” means any document or information that was the subject of the notice with respect to which the Commissioner gave his consent.

Contents of notice under this Part

3 (1) A notice under paragraph 1 must—

(a) specify or describe the documents or information to which it relates, and

(b) require the documents to be delivered, or the information to be provided, within such time as may be specified in the notice.

(2) The period specified for complying with the notice must not be less than 30 days after the date of the notice.

Summary of reasons to be given

4 (1) An officer who gives a notice under paragraph 1 must also give to the person to whom the notice applies a written summary of his reasons for applying for consent to the notice.

(2) This does not require the disclosure of any information—

(a) that would, or might, identify any person who has provided the officer with any information which he took into account in deciding whether to apply for consent, or

(b) that the General or Special Commissioner giving consent under paragraph 2 directs need not be disclosed.

(3) A Commissioner shall not give any such direction unless he is satisfied that the officer has reasonable grounds for believing that disclosure of the information in question would prejudice the assessment or collection of tax.

Power to take copies of documents etc

5 The person to whom documents are delivered, or to whom information is provided, in pursuance of a notice under paragraph 1 may take copies of them or of extracts from them.