How much disclosure is required to stop a discovery assessment?

[Patrick]

Barrie, in principle I agree with your view. The two sets of rules have different purposes. The DOTAS rules are there to alert HMRC to the use of a new and innovative tax scheme. The discovery rules are intended to give the taxpayer the comfort of finality after (in SDLT) 9 months if he has made an honest return and clearly alerted HMRC to a situation where HMRC might think that insufficient tax has been paid. Therefore if such comfort is required, a disclosue would need to accompany the return even when there is no disclosure obligation under DOTAS. Such disclosures are of course a voluntary matter unlike those where DOTAS applies.

[Author]

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