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FTT rules on interplay of HMRC’s civil and criminal powers in Gold Nuts case

The First Tier Tribunal (FTT) has decided various preliminary issues concerning the interaction of self-assessment and corporation tax enquiries, penalty notices and possible criminal prosecution in a complex case concerning a Code of Practice 9 (COP9) enquiry involving the director of a company called Gold Nuts Ltd who strongly denied any wrongdoing

Gold Nuts was the parent company of a number of companies, of which Mr Budhdeo was a director. When HMRC enquired into Budhdeo's affairs under COP9, he refused to sign the Contractual Disclosure Facility (CDF) on offer, on the basis that he had not committed tax fraud and would not admit to something he had not done.

HMRC also opened enquiries into his personal tax returns and some of the companies' tax returns and it had issued information notices on some of the companies and relating penalties for non-compliance.

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