Chapter 24 Flashcards Preview

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Flashcards in Chapter 24 Deck (12)
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1
Q

What does help sheet D provide?

A

Guidance provides action of the fundamental principles and standards of tax planning in relation to requests for access to data by HMRC

2
Q

What is meant by client data?

A

All information relating to clients, held by a member in any form

3
Q

Can a member disclose on behalf of a client responding to an informal request?

A

No - has to be made with the client’s permission, and ask client what they want to disclose

4
Q

What should a member do if they have received an oral informal enquiry from HMRC about one of their clients?

A

Ask for it to be put down in writing so that a response can be agreed with client

5
Q

What should a member do when they have received a formal enquiry about one of their clients?

A
  • Should consider whether need specialist advice
  • Should advise client about any relevant right to appeal against enquiry
  • If notice is legally effective - there is a legal obligation to disclose
6
Q

What is the most common statutory notice? and describe

A

Under Schedules 36 FA 2008

  • Allows HMRC to require data within a specified time.
  • Is issued to third-party f approved by first-tier tribunal
  • Doesn’t allow HMRC to force entry and client can refuse (with good reason)
  • Doesn’t override legal professional privilege
7
Q

What does it mean if a formal request is valid?

A

The request overrides the member’s duty of confidentiality to their client

8
Q

When does legal privilege arise? and who does the privilege belong to?

A

It arises under common law and may only be overridden if this is set out in legislation

Privilege belongs to the client not the member

9
Q

What is meant by legal privilege?

A

A common law privilege which protects communications between a professional legal adviser and his client

10
Q

What’re the two types of legal privilege?

A
  • Legal advice privilege - covers docs passing from client an their legal adviser prepared for purpose of obtaining / giving legal advice
  • Litigation privilege - covers data created for dominant purpose of litigation
11
Q

Describe legal advice privilege

A

legal privilege that covers docs passing from client an their legal adviser prepared for purpose of obtaining / giving legal advice

12
Q

Describe litigation privilege

A

legal privilege that covers data created for dominant purpose of litigation