Showing posts with label data protection act. Show all posts
Showing posts with label data protection act. Show all posts

Monday, 16 September 2019

HMRC Breaching Data Protection Rights?


The Guardian reports that HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities.

The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.

The case will challenge the 2010 Foreign Account Tax Compliance Act (Fatca), which requires foreign financial firms with US operations – including UK banks – to report information about US taxpayers to the IRS or face huge fines.

Law firm Mishcon de Reya has taken on the UK case for a client who alleges HMRC is breaching citizens’ data protection and privacy rights by transferring vast amounts of financial and personal data to governments outside the EU.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 9 October 2015

Are HMRC and Concentrix Breaching Data Protection Rules?


On Wednesday I wrote about the ongoing travails of Debbie Balandis wrt HMRC accusing her of sleeping with a newsagent, her previous tenant and her landlord.

My thanks to a loyal reader for pointing out that this series of fuck ups by HMRC are courtesy of Concentirx, the US company paid for by UK taxpayers to do what HMRC used to do wrt checking taxpayer details and chasing debts.

As the Independent reported in February 2015, Concentirx has form wrt being crap at what it does:
"Thousands of people on low incomes are being sent letters by an American outsourcing company accusing them of cheating on their tax credits and warning them that they may have their benefits stopped.

Concentrix, part of a multi-billion pound US business services company, has been accused of going on a vast “fishing expedition” as part of a controversial contract with HM Revenue and Customs to outsource its fraud and error detection.

Staff working at Concentrix have told The Independent that they are under pressure to open between 40 and 50 new tax-credit investigations every day and often don’t have time to check whether the allegations they are making stack up."
Aside from the complete incompetence and waste of money, there is another rather pertinent issue.

How is it confidential taxpayer details are being passed on to a US third party, and how is it that a US company is allowed to go trawling through people's bank accounts, tenancy agreements, credit card etc etc?

This is surely a breach of the laws covering confidentiality and data protection?

Do our "respected" MP's not a give a flying fuck about the rule of law anymore?

Why is HMRC allowed to pass on confidential details to an incompetent US company, and why is that company allowed to breach data protection and confidentiality rules?

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Monday, 7 September 2015

Datagate Returns - HMRC leaks Applicants' Details


Those of you with long memories will know that HMRC has form wrt breaches in data security (eg Datagate).

It should therefore come as no surprise to learn that there has been yet another data breach, this time affecting those who have applied for jobs within HMRC.

The Register reports that HMRC is spewing job applicants' email addresses to potential rivals in mass circular responses.

Apparently there has been "a technical glitch"!

A reader got in touch to report their email address had been circulated to all other applicants in three instances.

In an email seen by The Reg, the reader's address was included in a list which included nearly 500 other addresses.

Responding to the applicant's complaint, HMRC recruitment said:
"Please accept my sincere apologies for my previous email, sent today. Unfortunately, there was a technical glitch resulting in a confusing email.
This is not how we would have wished to communicate the outcome of the process and we will obviously like to rectify this moving forwards.
If you would like to discuss your application further, please do not hesitate to contact me."
An HMRC spokesman said:
“This email was sent out by a third party acting on our behalf. No other personal data was displayed and we have told the agency to ensure that the technical problems that they experienced do not recur."
Lame!

Please let me know if you know of other instances where HMRC data has been leaked.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 26 July 2013

The Ongoing Clusterfuck


Loyal readers with good memories may recall that I have written a couple of times before about a loyal reader who dropped me a note concerning HMRC changing her address details (without her permission), and sending her ex husband her tax credit summary for 2012/2013.

The saga continues, and she has sent me a chronological summation of the last 6 months for publication:

"For 6 months I have been battling with HMRC/DWP - here is the chronology of everything that has happened.
----------------------------------
9thFebruary – XXXX District Council notified me that they had suspended my Housing Benefit Claim as they were notified I no longer lived at my current address. After further investigation they informed me that they had my ex husbands address on file. They were given this information by DWP apparently. I had to 'prove' I still lived at my current address.

17thMay – Ex husband received my tax credit annual review to his address. I phoned HMRC who were unable to explain to me how this had happened. I wrote a letter of complaint and also put in a Subject Access Request.

22ndMay – I receive a response from HRMC, with regards to my subject access request and acknowledgement of receipt of my letter.

4thJune – Ex husband received my NHS Exemption Card to his address

19thJune – I received a voicemail from XXXX District Council notifying me that they wished to speak to me about my Housing Benefit Claim. When I managed to get hold of them it turns out that they had been notified of an address change again (it turned out to be my ex's new address as he had recently moved again).

23rdJune – Still no response from HMRC to my original letter (sent on25th May) so I send a further letter of complaint detailing the further issues.

4thJuly – Phoned to notify HMRC that my ex husband had yet again received my documents. It turns out his new address was on my file. I updated the address details back to mine and also notified them that my son would remain in full time education from September (thus they would need to update my Tax Credit claim and need to issue a new award notice). I also informed them that I have not yet received a tax credit award for the year.

I took the opportunity to phone Child Benefit to see what address they had on record for me and it turns out that they too had my ex husbands address.

08thJuly – My ex husband received two more letters from HMRC, addressed to me

10thJuly – Received documents related to my 'Subject Access Request'

15thJuly – Received 2 separate copies of the HMRC response to my complaint letter (letters originally dated 28th June). Letter apologised, gave a brief & generic response to my complaint and informed me that I would receive £100 compensation plus £10 expenses within 21 days.

16thJuly – Received another (third copy) of HMRC response to my complaint letter

22ndJuly – 21 days since the date of issue on the response to my complaint letter and as of yet no compensation money has been received.

25thJuly – 4pm phoned the number provided by HMRC, regarding my complaint response and lack of compensation payment – the phone is answered but hangs up. I phone again, the call is answered by a gentleman who tells me he will transfer me to the right person....'the right' person answers but can't hear me so hangs up. Eventually they then ring me back and apologise as there is a problem with their phone!!

I enquire as to whether there is any further details as to why the address changes keep happening. The lady informs that it is connected to CSA. Seeing as I get no child support from my ex (and NEVER have) this does not add up and I don't feel this makes sense?

The lady looked on my records and can't see why the compensation has not yet reached my account either, they also do not have an answer as to why I have not yet received my tax credit award. The lady could see an award dated 1st July, but she also notes that on 4thJuly I called to update the fact my son was continuing in further education and for some reason an updated award notice has not yet been issued.

The lady later phoned me back and informed me that she was having to put through the changes again, as for some reason they had got 'stuck' on the system and wouldn't issue an award.

A further phonecall from the same lady some 10 minutes later revealed that the reason an award notice wasn't issued, was because the information was about a future change, so that would not take effect until 1st September – then a new award notice would go out!"

Have other loyal readers experienced similar problems, or is this just a one off cock up?

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Monday, 8 July 2013

Personal Details


In May I wrote about a loyal reader who dropped me a note concerning HMRC changing her address details (without her permission), and sending her ex husband her tax credit summary for 2012/2013.

She has sent me an update wrt the situation, which she has given me permission to publish, quite shockingly HMRC have managed to do exactly the same thing again:
"My ex husband has moved address....and as a result, yet again HMRC have sent him my tax credits documents. 

When is this nightmare going to end? 

Totally at the end of my tether with it now.

I've still not even received a response to my first letter and on 23/06 I wrote to them again as my NHS Exemption card was sent to my ex, then on 19/06 I received contact from my local housing benefit department to enquire whether I had moved. 

It turns out that they had been notified by HMRC that I had moved out of the area. After a bit of further probing I was able to determine that for the second time, they had been given my ex husband's address again. 

 I'm not sure how much more of this I can take."
Views and comments, as always, are welcome!

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Tax Investigation Insurance.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is Solar Tax Investigation Insurance?

Solar Tax Investigation Insurance is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Solar Tax Investigation Insurance



HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Monday, 19 November 2012

The Taxman's Tentacles



The FT recently published an interesting article "Ten ways HMRC checks if you’re cheating", which highlights how HMRC uses data and tip offs etc to identify those who may be evading tax.

It is worth reading, in fact HMRC also agree that it is worth reading as they have tweeted a link to it. Presumably putting "point ten" of the article into practice:

"10 Fear and guilt"

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

Insurance to protect you against the cost of enquiry or dispute with HMRC is available from several sources including Solar Taxwise.

Ken Frost has negotiated a 10% discount on any polices that may suit your needs.

However, neither Ken Frost nor HMRCISSHITE either endorses or recommends their services.

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise



Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 7 October 2011

Information



Those of you who maybe feeling a tad "frustrated" at times when trying to elicit a response from HMRC, wrt a query or information request, may find the advice offered by AccountingWeb to be of interest.

AW suggest that, when all else fails, people should try using a Subject Access Request (SAR) under the provisions of the Data Protection Act 1998.

SARs give you a way to obtain copies of data from HMRC within a set time frame including; printouts of household notes (the notes that helpline operators make during telephone calls), claim and renewal forms, letters and recordings of telephone conversations held.

How SARs work
  • SARs must be made in writing addressed to the relevant District’s data protection officer; requests cannot be made over the telephone. Requests can be made by email and there is an online form on the HMRC website
  • The advantage of a SAR is that a response must be made within 40 days of receipt. If no response within the 40 days a complaint can be made to the Information Commissioner’s Office
  • The more detail given as to the problem the quicker the response. The usual personal details are required plus detail of the information requested.
  • The response is sent directly to the taxpayer; separate written permission is needed if required to be sent to an adviser.
 Please feel free to let me know if you have used this, and what the outcome was.

Tax does have to be taxing.

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Quote ID code "ABC" when contacting a QROPS specialist.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 15 June 2011

The Robots Are Coming



The Guardian reports that HMRC are going to use robots (internet bots) to hunt down tax evaders.

The bots will scour the net to find people who are trading without telling HMRC that they are trading/earning an income.

Used in conjunction with HMRC's Connect IT system, HMRC will be able to identify anomalies between such elements as bank interest, property income and lifestyle indicators.

Apparently, before launching the bots, HMRC is seeking input from interested parties.

Well all of this sounds very "nice", if it works and is not used as an excuse to "stiff" people with overinflated tax bills on the pretext of an erroneous red flag from a bot.

My questions to those who work for HMRC;

- Will this actually work as it is claimed "on the tin"?

- What will HMRC do with all the data it collects on innocent people etc, that is not relevant to a specific tax evasion case?

Tax does have to be taxing.

UK EXPATS: Reduce tax on UK Pensions
HMRC QROPS provider. Unlock your UK pension and access a 25% lump sum today.

Quote ID code "ABC" when contacting a QROPS specialist.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 16 March 2010

Spies 'R Us


Public Service reports that the Secret Intelligence Service (SIS) and GCHQ are working on a new network to collaborate with other agencies.

It seems that a recent initiative (SCOPE phase two), which was designed to deliver intelligence to law enforcement, government departments and agencies, has failed.

However, the government is never afraid to have another go at improving its spying capabilities. As such a new initiative has been launched.

Collaboration in the Intelligence Community (CLiC) is intended to be a "low-risk, inexpensive approach".

Former chief of SIS, Sir John Scarlett, is quoted:

"CLiC is designed to shore up... some of the capability that SCOPE 2 would have given us... We are doing really quite well on this more modest CLiC programme, which is not being run out of the Cabinet Office, it is being run out of SIS and GCHQ... and it will be of community-wide value when it is delivered."

What has this got to do with HMRC? I hear you ask.

Well, guess which agency will be the first to benefit from CLiC?

Yes, that's right, HMRC!

On the assumption that all things go according to plan, HMRC will be able to receive Top Secret intelligence and communicate securely via email.

Seemingly the improbably named secure messaging system STRAP3A (do a Google of images for this, and you come up with some quite unusual pictures) will let GCHQ, SIS, MI5, the Ministry of Defence, the Foreign Office (FCO), the Cabinet Office, the Home Office et al exchange Top Secret information by April.

Needless to say, this being secret, the costs and contractor involved are all "hush hush". However, it seems that HMRC are footing part of the bill.

Let us trust that the information shared is better handled than other information that government agencies are prone to lose.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 3 February 2010

Liar Liar!

Liar Liar

My thanks to a loyal reader who has advised me that this weekend many hundreds of child benefit customers have received letters from HMRC re child benefit.

Apparently these letters give client details. However, on page 2 of each letter the details provided are those of someone other than the intended addressee.

The information disclosed includes such matters as bank details and amounts being paid.

This is of course a breach of the Data Protection Act.

I am further advised that HMRC call centre advisers have been told that if "customers" ring in to complain about these letters, then the "customer" should be lied to and told that their letter was an accident and that no other have complained about such a mistake.

Seemingly, as at the end of last Saturday, HMRC have recorded quite a number of calls complaining about this data breach.

One final point, the Civil Service Code dictates that employees must be honest at all times. Unsurprisingly many advisers are not happy about being told to lie.

Updates on this story would be most welcome.

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 22 January 2010

Information



My thanks to a loyal reader who nudged me to take a look at the evidence given to the Public Accounts Committee on 7th December 2009 by HMRC.

Question 38 appears to indicate that HMRC have committed something of a "faux pas", by issuing assessments to the wrong accountants; ie they have sent details of some people's income etc to accountants not authorised to receive it.

Isn't disclosure of such information to non authorised people "illegal" under the rules of HMRC? It certainly appears to be breach of the Data Protection Act.

"Q38 Mr Bacon: Ms Walker, you mentioned the issue of confidentiality. Is it correct - I have got your CV here but I am not sure I am reading the right bit - that you are currently, since October 2008, the Director of PAYE, Self Assessment and National Insurance?

Ms Walker: That is right.

Q39 Mr Bacon: Good. On the National Insurance and PAYE service, the NPS section of the HMRC website, there is a reference under current issues to some notices and statements having been sent to the wrong agents. I will just read the first sentence. It says: "Even though HMRC's self assessment and PAYE systems are showing the correct details some notices and statements have been issued incorrectly to the wrong agent", by which one presumably means in most cases a tax accountant or something like that. How many cases?

Ms Walker: I do not have those figures with me I am afraid.

Q40 Mr Bacon: You do not. Over what period has this been going on?

Ms Walker: It happened over a period in the summer. It has now been fixed as I understand it.

Q41 Mr Bacon: It says on the website - you have anticipated one of my later questions - that "HMRC is due to put a fix in place in December 2009". That has now happened, has it?

Ms Walker: I believe it has.

Q42 Mr Bacon: When you say "over the summer", when did it start?

Ms Walker: The new PAYE system went live at the end of June.

Q43 Mr Bacon: Right, and this breach, data being sent to the wrong people, occurred starting at what point?

Ms Walker: I do not know the details of that; I know it was something that happened in the summer.

Q44 Mr Bacon: Could you write to the Committee with a note explaining that?

Ms Walker: I will do, yes.

Q45 Mr Bacon: Have you had any discussions with the Information Commissioner about this or anyone in HMRC because it would be appear to be an obvious breach of one of the principles of data protection, which is that information must be securely kept.

Ms Walker: We have taken advice on that; I would need to write to you and tell you the total answer.

Mr Bacon: You have not talked to the Information Commissioner or you do not know if anyone has talked to the Information Commissioner. You have put on your website - which is what I find extraordinary, especially after the issues with the HMRC and the National Audit Office where, famously, 25 million names went missing - that you have been sending notices and statements out to the wrong people. You have admitted the breach on your website but you do not know whether you have had any discussions with the Information Commissioner.

Q46 Chairman: What is the answer? Do not just all shake your head, either say yes or no.

Ms Strathie: We have taken this in a different context. What you have read, I am assuming, Mr Bacon, is the known problems that we keep updating so that agents and so on know what we are working on and what we are fixing. We owe the Committee a note and we will explain the Information Commissioner point in that.

Q47 Mr Bacon: You are quite right, there are issues that have been resolved and there are current issues. This one is under "Current issues" which suggests that it has not yet been resolved.

Ms Strathie: Yes, and we are just into December, so we will confirm that.

Q48 Mr Bacon: What is the difference between sending a notice to someone who has no right to know it, that informs them, say, that Mrs Smith of Middlesbrough or Mr Jones of Cornwall is on the verge of retirement and T-Mobile sending out information or using the information that they have no right to, to phone people up and say, "Your mobile phone contract is about to expire"? This information can easily be misused by people to do marketing that they have no right to do. You can easily imagine phone calls where people would say, "Hello Mrs Smith, now that you are about to retire ..." and start selling them products. This is potentially an extremely serious breach.

Ms Walker: This is not about information about people who are about to retire as I understand it.

Q49 Mr Bacon: It does not say what it is about but some of them may be in that category, we do not know. If someone is aged 64 then presumably they are about to retire, if they are 53 they are probably less likely to.

Ms Walker: Yes, but that will not be obvious from the information that was sent out.

Q50 Mr Bacon: It might if their date of birth was there.

Ms Walker: I believe these were notices of coding which were sent to the agent when they did not have the correct authority to receive them.

Q51 Mr Bacon: It says they were sent to the wrong agent, had been issued incorrectly to the wrong agent so Mr Smith's tax accountant in Cornwall gets sent something that should have been sent to Mrs Smith's tax accountant in Middlesbrough. That is what it reads like to me. Are you saying that is not the case, that I have misunderstood it?

Ms Walker: I would need to be properly briefed on that. I am sorry, I have not got the details with me.

Q52 Mr Bacon: Perhaps you could send the Committee a detailed note.

Ms Walker: Yes, indeed.

Q53 Chairman: I did not hear that last answer; what did you say?

Ms Walker: I am sorry, I said I do not have the information with me.
"

Tax does have to be taxing.

Professional Cover Against the Threat of Costly TAX and VAT Investigations

What is TAXWISE?

TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.

To find out more, please use this link Taxwise

Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.

Click the link to read about: Tax Investigation for Dummies

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Friday, 6 February 2009

Data Protection

Data ProtectionTax Credit Casualties has been approached by a journalist who is researching breaches of the Data Protection Act by HMRC.

If you have experienced any of the following please do let them know:

  • HMRC has sent you information about other people's tax credit claims.
  • HMRC has sent information about you to the wrong address.

  • You have requested information from them under the Data Protection Act and you did not receive all the information, or didn't receive it within the 40 day time limit, or the recordings of the phone calls necessary to prove your case where missing or unavailable.

  • You have received your Data Protection information but the packaging has been so poor that the information has been clearly visible, or the packet has even been taped together by the post office.

  • There have been problems with previous joint claims, you're now separated, and HMRC are saying that due to Data Protection laws they can't give you information supplied by your ex-partner even though the overpayment relates to the time when you were still a couple and claiming jointly.

  • HMRC's debt recovery department has discussed your personal details with neighbours, or has made enquiries to your neighbours about your family circumstances without your knowledge.

  • Any other horror stories regarding information going astray, going missing, being shared with other people, etc.


Tax does have to be taxing.

HMRC Is Shite (http://www.blogger.com/www.hmrcisshite.com), also available via the domain http://www.hmrconline.com/, is brought to you by http://www.kenfrost.com/ "The Living Brand"

Monday, 24 November 2008

Breach of Confidentiality?

Breach of Confidentiality?HMRC have caused a wee upset amongst the accountancy profession, when it was revealed that names of some taxpayers who failed to declare offshore banks accounts have been passed on to an independent research agency.

What happened to the concept of confidentiality and data protection?

HMRC have sent letters to some of those who came forward during last year's partial amnesty on undeclared offshore accounts. The letters say that names and telephone numbers will be passed on, unless the recipients opt out.

Would it not have been better to ask people to opt in instead?

That being said, the idea behind the research is laudable enough in that it aims to gain an understanding of customers' experience of the offshore disclosure facility.

Sadly the opt out method used by HMRC to "understand the customer's experience" is crass, and may also be a criminal offence under the 2005 Commissioners for Revenue and Customs Act. HMRC guidance says information can be passed on with consent, the Data Protection Act says consent should be "a positive indication of the wishes of the data subject".

HMRC deny it breaches the act and notes that there are strict safeguards, as the research company has been subject to rigorous security checks.

However, I would say, as a general rule of thumb that people like to be asked first before being "volunteered" for eg surveys, organ donor schemes etc.

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Tuesday, 29 July 2008

The Bullys From HMRC

The Bullys From HMRCYesterday one of the visitors to this site posted the following comment on two of my recent articles:

"I work for HMRC in one of their contact centres so would like to clear up a little myth surrounding overpayments relating to Tax Credits, if I may. The overpayments that are constantly mentioned are as a direct result of taxpayers not notifying HMRC of their change of circumstances, not an error by HMRC.

If a taxpayer does not inform the HMRC that they have had a pay rise or that the costs of their childcare has decreased or stopped altogether, how the hell are we meant to know?

Every single person who receives Tax Credits is sent a notice instructing them to notify HMRC if certain circumstances change.

If the claimant fails to do so, it is not HMRC's fault that they have been overpaid
."

I have to say I have a degree of sympathy for the HMRC staff who have to endure the "stupidity" of the general public, many of the public don't fill in the forms on time/correctly or understand even the rudimentary basics of the tax system.

However, let us not forget that were it not for the monumental arrogance and love of complexity that Brown has for all things we would never have had this monumentally complicated and unwieldy tax credit system foisted on us in the first place.

It is this system that, aside from humiliating people by making them "beg" for state handouts, has forced a whole tranche of people into direct bureaucratic contact with HMRC who have no clue about form filling or basic bureaucratic administration.

This problem (bureaucratic, cost and dignity) could be resolved at the stroke of a pen, by simply abolishing tax credits and increasing personal allowances to a more sensible level of around £10K-£12K.

Unfortunately, as long as Brown is PM, this is not going to happen. The tax credit system is a monument to his arrogance and disdain for ordinary people.

That being said there is another problem with tax credits, namely HMRC's administration of them.

Confidential tapes and internal documents have exposed bullying and bungling in the tax credit scheme that will cost us £2.8BN.

Over 1.5M people have been told that they were overpaid tax credits and should now give back the money. HMRC have spread the lie that it was their own fault (funny how the comment I referred to above was posted twice, just at the same time that this story has come to light!) and informed some victims they had no right of appeal.

The reality you see is somewhat different, using evidence from HMRC's own case files victims of HMRC bullying have proven that HMRC errors are to blame.

It would seem that HMRC offices are in disarray, random errors are infecting claimants' computer files, and HMRC officials are lying to claimants about their right of appeal.

The cost of this shambles is £2.8BN, which HMRC will write off; why not, it's only our money?

Amongst the screw ups uncovered are the following:
  • HMRC computer routinely wiped out claimants' salaries, thus triggering overpayments.


  • Duplicate rogue files caused errors and sent out multiple awards.


  • Victims were sent letters claiming they had "no right of appeal" when they were pursued for overpayments caused by official error.
The tax credit system, that Brown claims is meant to lift people out of poverty does nothing of the sort. It is designed to subjugate people, and make them dependent on the state.

It is an abomination!

It must be abolished now!

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"

Wednesday, 28 May 2008

Using The Data Protection Act

Using The Data Protection Act
In early April Nick Morgan wrote about the ordeal that he suffered whilst being investigated by HMRC. HMRC when it launches an investigation turns centuries of British jurisprudence on its head, by shifting the onus onto the taxpayer to prove his/her innocence.

In late April Nick wrote a follow up piece for AccountingWeb, explaining how he used the Data Protection Act to gain access to the files that HMRC kept on him during the investigation to fight his corner.

It seems that when a request is made for information held by HMRC, the tax file is physically sent to Newcastle where it is read and vetted by the Data Protection team. Once they have decided what can and cannot be released, copies are made and sent out to the taxpayer and the original documents are then returned to the investigating officer.

Nick got what he wanted, including information that showed the HMRC investigating officer admitting that the case was not a big one, and a senior officer saying that he wanted it closed down ASAP.

Nick advises that people make the most of the Data Protection Act whilst they can. His prognosis for the future is that HMRC will seek to change the rules and block future requests.

Is Nick being too cynical about HMRC?

Surely they are merely a tax collection function, set up to serve to the people, which would not seek to change the rules?

Tax does have to be taxing.

HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"