Information reasonably required to check tax position

As a result of information received from HMRC’s risking service about payments made by various companies to UK residents including the taxpayer the department checked his 2017-18 tax return. It found no record of any such payments including in the white space so opened an enquiry. The taxpayer confirmed he received a payment from an overseas discretionary trust during that year but said he believed it was capital. After further correspondence HMRC issued a notice under FA 2008 Sch 36 for more information.

The taxpayer appealed against the notice.

The First-tier Tribunal noted that the taxpayer had provided some of the information required. On the remaining questions the judge said ‘looked at objectively’ all the HMRC officer wanted to do was to establish the facts identify the source of the payment and whether any amounts had been received in earlier years. It was...