What power does Schedule 2 paragraph 21 of the Savings (Government Contributions) Act 2017 give HMRC?

Schedule 2 paragraph 21 gives HMRC officers the power to enter business premises of Help-to-Save account providers and inspect documents when a bonus claim has been made. This extends to any provider to whom the account balance has been transferred, directly or indirectly, but does not cover premises used solely as a dwelling.

Can HMRC inspect legally privileged documents during a Help-to-Save premises visit?

No. HMRC officers cannot inspect documents that would be protected under Part 4 of Schedule 36 to the Finance Act 2008. This includes legally privileged material. If the document could not be compelled through a formal information notice issued at the time, it equally cannot be inspected during the visit.

Does HMRC need tribunal approval before inspecting Help-to-Save account provider premises?

HMRC may seek advance approval from the First-tier Tribunal or Upper Tribunal before carrying out an inspection. The usual Finance Act 2008 procedural rules on timing apply, meaning HMRC must generally give reasonable notice before visiting unless a specific exception applies under the legislation.

Can HMRC enter premises of a provider that received transferred Help-to-Save account balances?

Yes. The inspection power extends to any account provider to whom the Help-to-Save account balance has been transferred, or any provider to whom funds directly or indirectly representing all or part of that balance have been passed. HMRC may enter their business premises and inspect relevant documents.

Savings (Government Contributions) Act 2017 section Sch 2 para 21

HMRC powers to enter premises and inspect documents in connection with bonus claims

Schedule 2 paragraph 21 gives HMRC officers the power to enter business premises and inspect documents held by Help-to-Save account providers when a bonus claim has been made.

When an authorised account provider claims a Help-to-Save bonus, HMRC officers may enter business premises and inspect relevant documents held by that provider or any provider to whom the account balance has been transferred.
The power of entry does not extend to parts of premises used solely as a dwelling, but does include the power to obtain and record information — whether electronically or otherwise — from inspected documents.
HMRC cannot inspect documents that would be protected from a formal information notice under the restrictions set out in the Finance Act 2008, such as legally privileged material.
HMRC may seek approval from the First-tier Tribunal (or the Upper Tribunal where applicable) before carrying out an inspection, and the usual procedural rules governing the timing and tribunal approval of inspections apply.

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