CH232600 - How to do a compliance check: information powers: financial institution notices: copying the notice to the person
This page and chapter are under review as the relevant content is also published in the technical guidance chapters of the Compliance Handbook, within Compliance checks factsheets and in Compliance checks guidance. If you use particular pages regularly, please email hmrcmanualsteam@hmrc.gov.uk to let us know the specific content you find useful.
When you issue a聽Financial Institution Notice聽(FIN)聽you must give the named person a copy of it, but there are exceptions.听 You will usually send the notice to the Financial Institution electronically to their email address (see list of Financial Institution addresses) and send the copy of the notice to the taxpayer by post.听
There may be occasions when giving a copy of a聽FIN聽(or a Summary of Reasons, see CH232700)聽to the named person might prejudice the assessment or collection of tax,聽see聽CH24220.听
In these situations, you should聽ask the tribunal to disapply the requirement to send a copy to the named person.听You will need to seek agreement from the authorised officer to do this.
Applying to the Tribunal聽
The 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.听聽
The 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.听聽
If the tribunal approves the application,聽you聽should聽also include聽a requirement in the FIN that the Financial Institution is not to disclose the FIN,聽or anything relating to it,聽to聽either the聽taxpayer it relates to, or any other person, except for a purpose relating to compliance with the notice, see CH231900.听