Taxation (International and Other Provisions) Act 2010 section 63

Power to obtain information and documents from third parties

Section 63 gives HMRC officers the power to require persons outside a worldwide group to provide information or documents needed to check that group's interest restriction return, subject to safeguards including group company consent or tribunal approval.

• HMRC can issue a notice to a "third party" (anyone who is not a member of the worldwide group during the relevant period of account) requiring them to provide information or produce documents reasonably needed to check an interest restriction return or exercise related powers.
• Before issuing such a notice, HMRC must either obtain the agreement of a UK group company or seek approval from the tax tribunal; the tribunal will only approve the notice if satisfied it is justified and, normally, that the third party has been informed, given a chance to make representations, and those representations have been summarised to the tribunal.
• The notice must generally identify the worldwide group to the third party, and a copy must be sent to a UK group company, unless the tribunal is satisfied that doing so might seriously prejudice tax assessment or collection, or HMRC cannot identify a relevant UK group company.
• A tribunal decision under this provision is final and cannot be appealed, and the notice itself may specify or describe the information or documents required and must state if it was issued with tribunal approval.