Disclosure ― relationship with discovery

Produced by a Tolley Owner-Managed Businesses expert

Owner-Managed Businesses

Guidance

The issue of disclosure is a fundamental risk management consideration for both compliance and planning work. The reason for this is that where insufficient disclosure has been provided, HMRC is able to open an enquiry beyond the normal enquiry window on the grounds of ‘discovery’.

Discovery assessments ― relevance of full disclosure

HMRC’s discovery provisions are in place so that a taxpayer who has made a full disclosure in their tax return can expect finality once the window for raising enquiries has passed.

The discovery legislation is contained within TMA 1970, s 29 and FA 1998, Sch 18, Pt V, paras 41–45. A discovery assessment can only be made if one of the following two conditions is met:

•
any additional tax that is due arises from the careless or deliberate behaviour of the taxpayer or a person acting on their behalf, or
•
the officer could not have been reasonably expected, on the basis of the information made available to them, to be aware of the under-assessment

The second condition relates to disclosure.

Continue reading the full document

To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™

TAKE A FREE TRIAL NOW

Popular Articles

Corporation Tax

Associated companies ― from 1 April 2023

Associated companies ― from 1 April 2023Implications of associated companiesFrom 1 April 2023, the rate of corporation tax that a company is subject to depends on the level of its augmented profits. The rate of tax is based on a comparison of the company’s augmented profits against the corporation

22 Mar 2021 10:21 | Produced by Tolley Read more

Value Added Tax

UK VAT invoice requirements

UK VAT invoice requirementsThis guidance note provides details of the information that must be shown on a valid tax invoice. Businesses supplying goods and services that are liable to the standard or reduced rate of VAT are required to issue a tax invoice to another VAT registered person.If the

14 Jul 2020 13:46 | Produced by Tolley Read more

Owner-Managed Businesses

Interest on late paid tax

Interest on late paid taxIntroductionInterest on late paid tax is a compulsory charge set out in legislation to reflect the interest which would have accrued to the Exchequer had the correct amount of tax been paid at the right time.Harmonised legislation was introduced in 2009 to:•set statutory

14 Jul 2020 12:00 | Produced by Tolley in association with Philip Rutherford Read more

UU��ֱ��

Disclosure ― relationship with discovery

Disclosure ― relationship with discovery