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Overview of the legislation—individuals, partnerships and companies

The discovery legislation is as follows:

1. Ìý

   •ÌýÌýÌýÌý individuals, trustees and personal representatives: TMA 1970, s 29

2. Ìý

   •ÌýÌýÌýÌý partnerships: TMA 1970, s 30B

3. Ìý

   •ÌýÌýÌýÌý companies: FA 1998, Sch 18, Pt V, paras 41–45

The legislation is essentially the same for all the categories of taxpayer, with only minor changes reflecting particular nuances of partnership and company taxation.

This commentary refers only to the legislation as it applies to individuals, but unless otherwise stated, it can be assumed that it will also apply to trustees, personal representatives, partnerships and companies. Particular points relating to partnerships and companies can be found at A6.715 and A6.716 respectively.

For HMRC guidance on discovery assessments, see EM3200.

Conditions to be met for the discovery assessment to be valid

The discovery provisions are set out in TMA 1970, s 29. There are a number of conditions that must be met for the discovery assessment to be valid.

Firstly, the HMRC officer must 'discover' in relation to a tax year that¹:

1. Ìý

   (a)