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HMRC internal manual

Technical Teams Operational Guidance

Investigation work: Code of practice 9: examining the disclosure report: initial examination of disclosure reports

All Disclosure Reports for CDF (and under the former Code 9 disclosure processes) should contain:

  • a certificate signed and dated by the taxpayer adopting the Disclosure Report as a disclosure in accordance with the practice outlined. Ideally the wording should follow that outlined in the relevant guidance but this is not mandatory so long as the meaning is the same, and it is clear, unambiguous, and without qualification
  • a clear statement of all additional profits, income and gains for each person covered by the Report. The amount should be shown on an annual basis.

For Code 8 cases the above is recommended but not insisted upon.

If either of the above is absent the Report is not a proper disclosure in response to the code 9 disclosure process, and the adviser should be told immediately. If the adoption certificate is absent the best practice is to copy and return the original Disclosure Report. This is so that when the adoption certificate is completed it comes in with the Disclosure Report and there is therefore no ambiguity about what the taxpayer was adopting when the adoption certificate was completed.

For Code 8 cases, if the certificate is not present ask the adviser if the taxpayer has read the Report and agrees its contents.

Similarly the quantum of the disclosure needs to be specifically adopted by the taxpayer as the disclosure under Code 9.

In almost all cases a certified statement of bank etc. accounts operated for the period covered by the Disclosure Report and a certified Statement of Assets and Liabilities at a specific date will be essential for Code 9 cases and may be desirable for Code 8 cases. These Statements stand-alone because they are themselves certified. There is no need therefore for the Investigator to return the Disclosure Report whilst awaiting their completion.