A new consultation document looks at the Revenue's proposal to modernise its information powers that are not linked to particular taxpayers and are used to gather data generally for risk assessment, as well as those used with particular specialist legislation.
The proposed new primary law brings together the vast majority of data-gathering powers and some specialist powers. It would provide a single set of general rules to cover matters such as the form of a notice, how it is to be complied with, the right to appeal and what penalties are due if a person fails to comply.
The right of appeal is a new safeguard, although there are circumstances in which the right may be circumscribed.
As at present, notices would not need tribunal approval, but there would be an option allowing HMRC to obtain advance approval from the tribunal in appropriate cases, as is the case with FA 2008, Sch 36.
The consultation document is accompanied by draft primary and secondary legislation, and draft explanatory notes. Comments should be sent by email no later than 9 February 2011.