CH232600 - How to do a compliance check: information powers: financial institution notices: copying the notice to the person

When you issue a Financial Institution Notice (FIN) you must give the named person a copy of it, but there are exceptions. 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.

There may be occasions when giving a copy of a FIN (or a Summary of Reasons, see CH232700) to the named person might prejudice the assessment or collection of tax, see CH24220.

In these situations, you should ask the tribunal to disapply the requirement to send a copy to the named person. You will need to seek agreement from the authorised officer to do this.

Applying to the Tribunal

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.

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.

If the tribunal approves the application, you should also include a requirement in the FIN that the Financial Institution is not to disclose the FIN, or anything relating to it, to either the taxpayer it relates to, or any other person, except for a purpose relating to compliance with the notice, see CH231900.