Tax & Finance

#2026/560Anti-avoidance information notice privilege dispute rules

🇬🇧United Kingdom··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The regulations set out how taxpayers and advisers must handle disputes with HMRC over whether information requested in an anti-avoidance information notice is protected by privilege. If the recipient believes some requested material is privileged, they must give HMRC a list identifying the disputed information by the deadline in the notice, or by a later agreed date within 20 working days. If HMRC disagrees, the recipient must apply to the tribunal within 20 working days and provide copies of the disputed material. While the process is followed, the recipient is treated as complying with the notice for the disputed information until the tribunal decides or the parties agree.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Creates a formal process for disputing whether information requested by HMRC is privileged
  • Requires recipients to list and describe disputed information by the notice deadline or an agreed later date within 20 working days
  • Requires unresolved privilege disputes to be referred to the tribunal within 20 working days after HMRC’s notification

Obligations

What this law requires

high

If a recipient of an anti-avoidance information notice disputes whether requested information is privileged, the recipient must serve HMRC with a list specifying the disputed information and describing the information and its contents, unless giving the description would itself disclose privileged information.

recipient of an anti-avoidance information notice
On or before the information-provision date stated in the notice, or a later HMRC-agreed date within 20 working days after that date
disclosure
medium

HMRC must notify the recipient of any information on the recipient’s privilege-dispute list that HMRC considers is not privileged information.

HMRC
disclosure
high

Where information remains disputed after HMRC’s notification, the recipient must apply to the tribunal to consider and resolve the privilege dispute.

recipient of an anti-avoidance information notice
Within 20 working days beginning with the day after HMRC gives its notification
operational
high

A tribunal application to resolve a privilege dispute must include copies of the information that remains in dispute.

recipient of an anti-avoidance information notice
At the time of making the tribunal application, within 20 working days beginning with the day after HMRC gives its notification
disclosure

Affected Parties

Taxpayers receiving anti-avoidance information noticesTax advisers and legal representatives handling HMRC information requests+1 more…

Tags

tax,HMRC,anti-avoidance…