Introduction Background Note
118.HMRC sometimes have to deal with a large number of taxpayers’ returns that claim a tax advantage from the same or similar tax arrangements, or large numbers of appeals against HMRC’s conclusion that the arrangements do not work. This measure gives HMRC the power to issue a notice to a taxpayer to the effect that they should settle their case with HMRC once a tribunal or court has concluded in another party’s litigation that the arrangements do not produce the asserted tax advantage.
119.Under current legislation, HMRC may deny a claimed repayment of tax while a dispute is resolved, but in the general scheme of self assessment the taxpayer is able to claim the effect of the tax advantage while the enquiry and any subsequent tax appeal is unresolved.  This measure gives HMRC the power to issue a notice to require an accelerated payment of the amount in dispute, in certain defined circumstances, while an enquiry is in progress or while there is an open appeal.