Lost AML Form Cost Agent £15K - HMRC Fucks Up Again

In the world of accounting and finance, precision, accuracy, and adherence to rules are not just desirable traits - they are the very foundation upon which the industry stands. However, it seems that these principles do not always apply to the institutions that govern these industries. A recent incident involving His Majesty's Revenue and Customs (HMRC) serves as a stark reminder of this fact.

The Incident

An accounting firm recently found itself in the eye of a storm, all due to a misplaced anti-money laundering form at the HMRC headquarters. This seemingly minor oversight had major repercussions, leading to the firm's agent access being revoked. The result? A loss of a month's worth of work and the firm teetering on the brink of closure.

The Fallout

The suspension of the agent account meant that the firm was unable to carry out its regular operations, leading to significant delays and financial losses. The firm, like many others, relies on the agent account to interact with HMRC, submit forms, and carry out other necessary tasks. The suspension effectively crippled the firm, highlighting the disproportionate impact of the HMRC's error.

As per Accountingweb:

“I set up my firm five years ago and it grew during Covid. From the start, I’ve been supervised for money laundering by ICAEW. The only interaction I have with HMRC is as an agent.

In September 2021, I received a request status from HMRC asking who is supervising me for money laundering. I returned the AML 103 form in the post as requested to HMRC in October 2021.

Unfortunately, it landed at HMRC and went into the wrong workflow. It later transpired that the person who received it took 53 days to get through their workload, get to my form and realise it had nothing to do with them, at which point they gave it back to the main switchboard. 

In the meantime, I was struck off as a non-responder. This resulted in my agent status being removed, along with my ability to submit corporation tax and self assessment returns, which make up the bulk of my work. This was on 2 Dec 2021, at my firm’s busiest time.

With no agent services login, I lost the ability to trade – it was awful. I tried calling, writing and emailing but just couldn’t get an answer.

The ‘agent maintainer’ team is apparently responsible for this, but they don’t accept emails or phone calls. There’s no follow-up, you can’t speak to this team – it’s an almost mythical department. They have a ‘service level agreement’ to respond to letters within 40 days, but that’s no good when I can’t run my business.

Because I’ve previously worked on committees for ICAEW, I was fortunate to know the right people to call at the Institute. After a bit of back and forth, they had someone literally walk the corridors of HMRC to find this team and ask them. Without this, they’d have been completely unaccountable. 

I lost a whole month's business, around £15,000. It had a catastrophic impact on my firm, which was in its infancy and could have gone under. As it was, I had a terrible January with a whole pile of work and a massive cashflow hole – with all the costs of December with no income. I spent the next six to eight months just recovering.  

Naturally, I complained and got my MP involved. By March 2022, HMRC accepted my complaint and offered me £150 compensation. This was not at all acceptable and they said I had the right to approach the adjudicator’s office to make an independent complaint.

The adjudicator’s office came back and said they do not have jurisdiction because I’m technically not a taxpayer – in this instance, I’m treated as a service provider. The best they said they could do was to attempt to launch a Parliamentary inquiry – that’s obviously not what I was looking for.

I completely accept that it’s a process gone wrong, not someone at HMRC who hates me. But it’s their process and nobody dealt with it. If the ICAEW hadn’t got behind this, who knows where I’d be?

My case was very clearly an internal gaff, which HMRC admitted, but they were still unwilling to do anything or take responsibility. Agents don’t get a right of appeal when something like this happens, there’s no higher body. 

HMRC also needs to come to the realisation that accountants in practice are not the enemy.”

HMRC's Role

While mistakes happen in every organisation, the magnitude of the impact in this case raises questions about HMRC's processes and systems. 

How did a single misplaced form lead to such drastic consequences? 

Why was there no system in place to prevent such an oversight, or at least to mitigate its effects?

The Need for Change

This incident underscores the need for HMRC to review its procedures and implement safeguards to prevent such occurrences in the future. It is crucial for HMRC to remember that its actions and decisions have a far-reaching impact on businesses and individuals alike. A misplaced form should not have the power to bring a business to its knees.

In conclusion, HMRC must acknowledge its responsibility towards the entities it governs. A review of its systems and procedures is not just desirable, but necessary. After all, in the world of finance and accounting, even a small misstep can have a domino effect, leading to consequences far greater than the initial error.

Tax does have to be taxing.

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