BIM65820 - Solicitors: Requirement to provide details of interest to HMRC

Schedule 23 Finance Act 2011 (FA 2011), Data-Gathering Powers (Relevant Data) Regulations 2012, SI 2012 No 847

As the solicitor is a person by or through whom interest is paid, he is a ‘relevant data-holder� for the purposes of Sch23 FA 2011. This means he can be required to produce details of these payments under the data-gathering powers.

»Ê¹ÚÌåÓýapp data-gathering powers came into force on 1 April 2012 and apply to ‘relevant dataâ€� even if the data relates to periods before that date. »Ê¹ÚÌåÓýappse powers are information powers to be generally utilised for gathering specific pieces of information during the course of compliance checks.

See CH28600 for the meaning of ‘relevant data� and ‘relevant data-holders� in relation to interest.

You can request data from the data-holder by issuing a data-holder notice. You cannot use the data-gathering powers to ask for information on the tax position of the data-holder. Separate information and inspection powers can be used to request this information (see CH23000).

Data-holder notice

For the procedure which should be followed to issue a data-holder notice, see CH28250 onwards. For details of what the notice should include, see CH206420.