IEIM120150 - Exchange of Information: Inward requests: Use of information powers

If the third party in the UK does not agree to provide the information voluntarily then the Competent Authority will consider using the information powers in Paragraph 2 Schedule 36 to FA 2008.

A third party Information notice can be sought on behalf of an overseas tax authority. An officer of HMRC can require the provision of information or the production of documents relevant to a tax liability. Paragraph 63(1)(e) of Schedule 36 defines ‘tax’ as including ‘relevant foreign tax’, and Paragraph 63(4) defines ‘relevant foreign tax’ as meaning a tax of a Member State of the European Union, and any tax or duty which is imposed under the law of any territory where the UK has an agreement with that territory regarding that tax.

As for requests made by the UK, the tax under consideration in the request needs to be one covered by the exchange instrument (IEIM200100).