Is communication with Lynam Tax privileged?

October 30th, 2009

Some misleading reports in the professional press have prompted some clients to ask if HMRC can get information from us about our communications with clients; or if these communications are ‘protected’ in the same way as lawyers’ communications are protected by Legal Professional Privilege (LPP).
Since 1st April 2009 the tax law has been changed and clarified.  Put simply: there are now 3 types of privilege protection; and all 3 apply to professional tax advisers; such as Lynam Tax.  The newest concept is tax adviser privilege. The law now states that HMRC cannot require a tax adviser to provide information or produce documents which relate to communications regarding the tax advice provided.  Also, where communications would be subject to LPP, or thirdly, litigation privilege (e.g. communications relating to a Tax Appeal) then no person, including a tax adviser, can be required to produce them to HMRC.
These rules (combined with Lynam Tax’s special legal position in relation to the Money Laundering Regulations) mean that effectively Lynam Tax can give you as much “privilege” protection (i.e. complete confidentiality) as all lawyers and more than many accountants or other tax advisers.

If you are worried about a Tax Enquiry then Lynam Tax Enquiry Experts can help you.  For an initial free confidential discussion call Paul Lynam now on:

0845 643 9997