Summary
That completes our look at Inspection Powers.
The new powers of inspection in Schedule 36 of Finance Act 2008 took effect from 1 April 2009 and these are the powers you must now use from this date. However, you cannot use them until you have successfully completed the training.
- The new powers can be used by HMRC although the authority of an authorised officer will be required for certain inspections.
- The powers extend our statutory right to inspect business premises and the assets and documents at those premises from 1 April 2009 they apply consistently across VAT, CGT, CT, IT (including PAYE and CIS), from 1 April 2010 across IPT, IHT, SDLT, SDRT, PRT, AGL, CCL and LFT and from 31 August 2010 to BPT.
- They also incorporate safeguards in keeping with the Human Rights Act. Whilst under the terms of Schedule 36, as is the situation currently, we may have a right to inspect; it does not confer a right to force entry in civil tax matters. New fact sheets ensure that both customers and Officers know their respective rights and responsibilities.
- HMRC's interpretation of the new powers is set out in the Compliance Handbook where detailed guidance can be found.