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Information Was Reasonably Required But Information Notices Varied

By Mark McLaughlin, May 2017
Summary

Information requested in notices (under FA 2008, Sch 36) that related to the taxpayer’s self-employment was reasonably required by HM Revenue and Customs (HMRC), but the First-tier Tribunal (FTT) ordered that the information notices be varied.

Background

HMRC opened an enquiry into the appellant’s tax return for the tax year 2013/14, and requested information and documents relating to her fish and chip shop business.

A list of further information was subsequently requested by HMRC, and information notices were later issued. The appellant appealed, and argued (among other things) that HMRC had already been provided with the statutory business records, which HMRC had admitted were not flawed; cash flow tests undertaken by HMRC were flawed, as were the cash flow assumptions; and HMRC requested the information to conduct a business economic exercise,
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