CH232600 - How to do a compliance check: information powers: financial institution notices: copying the notice to the person

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When you issue aÌýFinancial Institution NoticeÌý(FIN)Ìýyou must give the named person a copy of it, but there are exceptions.Ìý Many leading Financial Institutions have asked for notices to be sent to an email address or preferred postal address (seeÌýlistÌýof addresses).ÌýYou should use this address where possible, otherwise serve the notice by post as usual at the Registered Office or place of business.

NB: Not all of the entities on the address list are Financial Institutions as defined in statute.Ìý Send the copy of the notice to the taxpayer by post.

»Ê¹ÚÌåÓýappre may be occasions when giving a copy of aÌýFINÌý(or a Summary of Reasons, see CH232700)Ìýto the named person might prejudice the assessment or collection of tax,ÌýseeÌýCH24220.Ìý

In these situations, you shouldÌýask the tribunal to disapply the requirement to send a copy to the named person.ÌýYou will need to seek agreement from the authorised officer to do this.

Applying to the TribunalÌý

»Ê¹ÚÌåÓýapp application to the tribunal for disapplication of these requirements follows the same process as applying to the tribunal for authorisation of a third party notice, see CH265000.ÌýÌý

»Ê¹ÚÌåÓýapp tribunal can only disapply the requirement if it is satisfied that there are reasonable grounds for believing that giving a copy of the notice to the person might prejudice the assessment or collection of tax, see CH24220.ÌýÌý

If the tribunal approves the application,ÌýyouÌýshouldÌýalso includeÌýa requirement in the FIN that the Financial Institution is not to disclose the FIN,Ìýor anything relating to it,ÌýtoÌýeither theÌýtaxpayer it relates to, or any other person, except for a purpose relating to compliance with the notice, see CH231900.Ìý