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.

First-tier Tribunal Had Exclusive Jurisdiction Over Third Party Information Notice

By Mark McLaughlin, October 2016
Summary

The Bankruptcy Court did not have jurisdiction over a third party information notice issued by HM Revenue and Customs (HMRC) to a trustee in bankruptcy in respect of a bankrupt individual’s financial affairs.

Background

A bankruptcy order was made against an individual (Mr H). A trustee in bankruptcy was appointed. HMRC wrote to the trustee stating that the First-tier Tribunal (FTT) would be approached for permission to issue the trustee with a third party information notice (under FA 2008, Sch 36, para 2) ‘in relation to all documents you hold in relation to [Mr H’s] financial affairs’.

HMRC subsequently made a written application for a ‘without notice’ FTT hearing, which would be held in private. It also included a draft notice setting out the documents sought from the trustee. However, the trustee made a written
Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Follower notice: Taxpayer not liable to penalty for failing to take corrective action
By Mark McLaughlin, July 2019
Reasons Given For Late Payment Of Accelerated Payment Notice Did Not Amount to Reasonable Excuse
By Mark McLaughlin, November 2018
Tax-Related Late Filing Penalties Not Due As Taxpayer Had No Tax Liability
By Mark McLaughlin, November 2018
Reliance On Accountants To Submit Return Was Reasonable Excuse For Late Filing
By Mark McLaughlin, January 2018
Mistake By DWP Was A Reasonable Excuse Against Late Payment Penalties
By Mark McLaughlin, August 2014