The big question is whether the detailed terms of an information notice issued by HMRC under schedule 36 of Finance Act 2008 (FA 2008) have to be adhered to. In many cases, they appear badly worded or request information which is outside their remit.

However, they are backed by a penalty of £300 for failing to provide the information to HMRC and up to £60 per day for each day that the alleged failure continues. 

Furthermore, if the request is for statutory records, there is no right of appeal – the only limitation is that if the records demanded do not relate to the enquiry year, HMRC must be in a discovery position for the previous year(s). Of course, apart from VAT Notice 700/21, statutory records are not prescriptively outlined anywhere.