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ACCA Strategic Professional · Advanced Taxation (UK) · Ethical and professional issues arising from the giving of tax planning advice

Which of the following is a situation in which a tax adviser may disclose confidential client information without the client's consent, consistent with professional ethical guidance in the UK?

An adviser may disclose confidential information without consent where the law requires it, such as a suspicious activity report under money laundering legislation or a court order. Marketing, competitor requests or disapproval of lawful aggressive planning do not override the duty of confidentiality.

  1. AWhere the adviser's firm wishes to use the client's affairs as a marketing case study
  2. BWhere disclosure is required by law, such as a money laundering suspicious activity report, or by a court orderCorrect
  3. CWhere a competitor of the client requests details of the client's tax planning
  4. DWhere the adviser considers that the client's planning is aggressive but lawful

Explanation

Confidentiality can be overridden where disclosure is legally required or permitted by law, for example under money laundering legislation or a court order. Marketing use and requests from competitors need consent, and aggressive but lawful planning does not justify disclosure.

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