Showing posts with label records. Show all posts
Showing posts with label records. Show all posts

Tuesday, 9 July 2013

300,000 RTI No Show


Payroll World reports that 300,000 companies have failed to report Real Time Information (RTI) to HMRC, ie switch to RTI by the early June deadline.

As a result they have been sent letters by HMRC informing them of their legal requirement to have filed PAYE in real time from April 2013.
An HMRC spokesman said:
We know that the vast majority of these 300,000 schemes do not have any employees. It’s really important that employers tell us if they haven’t paid anyone in the tax month. 

This is easy to do. All the information they need is on our website at www.hmrc.gov.uk/actnow. If a scheme is no longer needed employers should contact us so we can close it on our records.
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.

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Friday, 2 November 2012

Here We Go Again - Business Records Checks Resume

In February I wrote about HMRC's postponement of their controversial and ill thought out business records check scheme.

The postponement is now over, and the revamped scheme is being relaunched. HMRC will not just be sending letters but also calling SME's on the phone, if the phone call produces an "unsatisfactory" response then HMRC will be showing up on the doorstep.

As per HMRC:
"Businesses need to keep adequate business records so that they can complete their tax returns correctly.

A pilot programme of Business Records Checks (BRC) began in April 2011. This involved checks by HMRC on the adequacy of Small and Medium-sized Enterprises' (SMEs) statutory business records. SMEs are businesses with an annual turnover below £30 million who employ less than 250 people.
Up until 17 February 2012, 3,431 BRC had been carried out. These found that 36 per cent of businesses had some issue with their record-keeping of which 10 per cent had issues serious enough to warrant a follow up visit.

Following a review, HMRC announced a fresh approach to its pilot BRC programme on 3 February 2012.

The review of the pilot programme, which included discussions with trade and professional bodies' representatives, found clear evidence that the programme was effective in improving record-keeping practices amongst SMEs. However, it recommended that the checks were better targeted in future, and linked to wider education and support activities.

In order to implement the review's recommendations all new BRC activity was paused from 3 February to 31 October 2012 to allow HMRC to redesign the BRC process.

Read the full report of the Business Records Checks Review (PDF 145K)

Overview of new approach to BRC

A new approach to BRC started on 1 November 2012. Customers who are more likely to be at risk of having inadequate records will be contacted by letter to arrange for HMRC to call them to go through a short questionnaire.

Depending on the outcome of this call, HMRC will confirm to some customers that no further action is required. Where some issues are identified, customers will be offered targeted self-help education options. Customers who are assessed as being at risk of keeping inadequate records will be referred for a BRC visit.

Useful Information

Business Records Checks"

HMRC have also issued a press release about the scheme which outlines the regional timetable for implementation of the scheme:
"Business Records Checks are being re-launched by HM Revenue and Customs (HMRC) today, following a review and extensive stakeholder consultation.

The substantially redesigned Business Records Checks programme now involves a new step-by-step approach, with a much greater emphasis on education and support.

Businesses need to keep records which can clearly demonstrate they are meeting their tax responsibilities. From today, HMRC will send letters to businesses it believes may be at risk of keeping inadequate records, advising the business that HMRC will be phoning them to discuss their business records. This call will then take the customer through a set of questions to assess the customer’s record-keeping affairs. Depending on the outcome of this conversation, HMRC will then determine whether the customer could benefit from tailored educational support and whether a Business Records Checks visit is necessary.

Where a visit reveals the customer is keeping inadequate records, HMRC will provide guidance on what the customer needs to do to improve their record keeping. HMRC will then arrange a follow up visit, normally three months later, giving the business a reasonable time to make the necessary improvements to their record-keeping processes. If, on the second visit, the records have not improved to an adequate standard, then HMRC may charge a penalty.

The Business Records Checks programme will be rolled-out, region by region, over a 14-week period. The planned timetable for visits to re-commence is as follows:

  • London & Anglia – 26 November 2012
  • South East England – 14 January 2013
  • Scotland – 14 January 2013
  • Northern Ireland – 14 January 2013
  • Central England – 21 January 2013
  • East of England – 28 January 2013
  • North Wales & the North West of England – 28 January 2013
  • South Wales & the South West of England – 4 February 2013
HMRC’s Director of Local Compliance, Richard Summersgill, said:

“We’ve listened to businesses and agents, and revamped our Business Records Checks programme to make it more streamlined, targeted and better focused on education.

“The visits offer benefits for businesses at risk of keeping inadequate records. Adequate records help businesses pay the right amount of tax at the right time, thereby avoiding interest and penalties for errors and late payment, whilst also giving HMRC greater assurance when a business submits its tax returns.”

Notes to editors1. A pilot programme of business records checks began in April 2011. Up until 17 February 2012, 3,431 business records checks had been carried out on the records of small business customers. These checks found that 36 per cent of businesses visited had some issue with their record keeping, with 10 per cent of all businesses visited having issues serious enough to warrant a follow-up visit. Where follow up visits were undertaken, it was found that the majority of these customers had improved their record-keeping affairs – indicating a Business Records Checks visit did have a positive effect on customers’ record-keeping.

2. On 3 February 2012, HMRC announced it would be taking a fresh approach to its Business Records Checks programme, following a review. (See HMRC news release NAT 10/12 for more information.)

3. For further information on record-keeping visit www.hmrc.gov.uk/record-keeping

4. Follow HMRC on Twitter @HMRCgovuk"

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"

Tuesday, 14 February 2012

HMRC Hypocrisy - Business Records



I recently wrote that HMRC have placed on hold their plans to carry out business records checks on  SMEs. Additionally they have also decided to exclude practices from any future checks, as and when the scheme is relaunched.

However, it seems that their own records may be a tad disorganised. Accountancy Age reports that Abbey Tax submitted a Freedom of Information request (FoI):

"How many accountancy firms have been subject to a business record check?"

HMRC were unwilling/unable to provide an answer.

The reason, if HMRC is to be believed, is that it would cost more than £600 to go through the data.

Does this mean that HMRC do not have decent records that are easy to analyse and access?

This being the case, should HMRC not get its own house in order first before subjecting SME's to business records checks?

Tax does have to be taxing.

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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"

Monday, 6 February 2012

HMRC Backtracks On SME Spot Checks



In January I wrote:

"The New Year is upon us, and already HMRC has been flayed by certain MPs and the Federation of Small Business (FSB) for harassing small businesses.

The cause of the outpouring of ire are the plans drawn up by
HMRC for conducting spot checks on the paperwork, going back several years, of up to 20,000 firms as from April.

Ironically, as per an article
I wrote in September, the original target was 50,000:

"
HMRC have reduced their target for checking business records down from 50,000 to 20,000.

However, for reasons best known to HMRC, they are describing this reduced target as an "extension" of the scheme.


For good measure they also claim that the record checks are in the businesses best interests .."..."


I also noted that HMRC "appear to be backtracking on the plans."

Well blinkey blonkey blimey, here we are in February and lo and behold HMRC have indeed backtracked on the plans.

Following the public drubbing of the scheme, HMRC will now postpone making new appointments to check firms’ records until early in the 2012/13 financial year. In the meantime, HMRC will attempt to implement the recommendations of the review into this tainted and ill thought through scheme.

Let's see how that goes then!

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"

Friday, 20 January 2012

HMRC's Confusing Letter



As my loyal readers know, we are rapidly approaching the 31 January deadline for online filing of tax returns for the tax year end 2011.

The new penalty system (automatic £100 fines for late submissions, even if you don't owe any tax) certainly has caused some heated discussion on this site!

Anyhoo, HMRC to give them credit are making an effort to remind people that the deadline is approaching and that there is a new penalty regime in force.

HMRC have sent out letters entitled:

- "Last chance to avoid the new penalties"

It then sets out to tell the recipient that, if they haven't already filed a paper return, they must file online by 31 January to avoid the late submission fine of £100.

Fair enough, but wouldn't it have been cheaper to only send these letters to those who haven't filed their paper returns or are HMRC records not yet up to date on that?

Anyhoo, moving on, the letter then confusingly goes to to say:

"Please do not file a paper return after 31 January"

This implies that submitting a paper return prior to 31 January is OK.

This of course is not the case, as paper returns filed after 31 October will be subject to a late payment fine.

I humbly suggest that the above phrase should be removed from next year's reminder letters, lest it give people the false impression/hope that paper returns up to 31 January are OK.

UPDATE

It seems that one of my loyal readers disbelieves that such a letter exists (see comment below), I assume that this particular reader is not a member of HMRC staff (as he/she would have been able to check for its existence).

Therefore, in order to assuage his/her doubts, here is a copy:

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"

Thursday, 12 January 2012

Trust Dented - Rebuilding Trust



Anthony Thomas, President of the Chartered Institute of Taxation (CIOT), has laid out his vision of how HMRC can improve their "game" over the coming year and into the future, in an article in Tax Journal.

He notes, quite correctly, that a tax system depends on trust between the various parties involved; sadly that trust has been dented.

He notes:

"It is inevitable that the authority can be aggressive, and be endowed with overbearing powers – but these must be reserved for those who deliberately get things wrong."


Thomas calls for a fundamental review of governance arrangements wrt the whole of HMRC, not least HMRC needs to address the issue that NEDs on the HMRC have no operational tax experience. Thomas is also less than impressed with ExCom, again citing its lack of people with operational tax experience.

Consultation deadlines are also targeted as being too short.

Thomas is, quite rightly (as I have warned many times on this site), fearful of HMRC getting carried away by its powers:

"..we must ensure that HMRC does not evolve into a cross between an Orwellian ‘big brother’ and MI5."

He also, again quite rightly, expresses concern about the level of and quality of staff resources with HMRC.

As ever, views and comments are always welcome from everyone.

Here is the text in full:
 
"The UK tax system depends hugely on taxpayers complying with their obligations. For the tax system to operate effectively and efficiently there must be mutual trust between taxpayers, the tax profession and HMRC. It seems that trust has been severely dented. To improve things we need to make sure there is a proper balance between taxpayers, businesses and the tax profession on the one hand and the tax authority on the other. It is inevitable that the authority can be aggressive, and be endowed with overbearing powers – but these must be reserved for those who deliberately get things wrong. When these relationships which impact upon citizen, tax agents and HMRC go wrong the system is imperilled.


It is possible to restore that trust, but first there is a need to start a shift back to that ‘healthy tension’ between tax practitioners and HMRC.


Good governance is critical to restoring trust

HMRC must recognise that its governance is widely perceived as deficient. Hence there needs to be a fundamental review of the governance arrangements, not simply surrounding tax disputes but of the whole of HMRC. This is critical to start the process of regaining public trust; the most important element of trust being that taxpaying citizens having confidence in their tax authority.


A clear governance structure is the first step to a better public understanding. The main board of HMRC comprises nine members including a non- executive chairman and four non-executives. The non-executives are non-tax people. Operational tax experience for some of the non-executives of HMRC is essential. Having a number of non- executive tax experienced people on the main board would strengthen the governance.


There needs to be a balance on the board with business experience at chairman level but plenty of ‘deep’ tax knowledge elsewhere on the board. A non-tax CEO is likely to be a disappointment, but a COO non-tax ‘systems’ person would probably work well. The conflict of interest argument for appointing non-executive tax experienced people to the board is no justification nowadays not to appoint. If the will is there, a way can be found to address that issue.


Operational tax experience is equally essential on the HMRC Executive Committee (Ex-Com), being the decision-making body immediately below the main board and consisting of full-time HMRC executive directors. Insufficient ‘deep’ operational tax experience at this level has almost certainly resulted in poor decisions or communications leading to bad press comment. These difficulties may have been avoided by seeking external input. This could be supported by a couple of non-executive tax advisers to advise and strengthen the Ex-Com board. Some external appointment should provide balance and proper independent input to the decision-making process.


Genuine consultation really works

There is no doubt that consultation is vital to trust and efficiency in the tax system. The new Tax Policy Making document recognises this. While there has been significant improvement in some areas, it still sometimes appears that the decision has already been made by HMRC or HMT for example possibly on the 10% IHT rate leaving consultation merely on peripheral matters; that is not something which should be considered as proper consultation. If decisions have already been made, then please let us know so we do not waste time. The CIOT and other bodies put in a considerable amount of expertise and time into formulating a sensible and balanced response and it is exasperating when the combined efforts of experts are simply wasted.


Short response deadlines too are quite ridiculous on occasions, as is the sheer volume of change and hence consultations, which has grown enormously over the last few years. We do want to be consulted but is this really the best way to continue to seek the considerable input of expertise? For example, could HMRC/HM Treasury help by telling us where to focus our efforts? By following the Tax Policy Making procedures we are likely to avoid the problems.


One example of a consultation during 2011 that worked particularly well was the Alternative Dispute Resolution (ADR); all sides worked together and the pilot was extraordinarily well run. The HMRC personnel involved with this project are to be congratulated for their approach. The consultation comprised a considered piece of work and the ongoing pilot seems to be going well. This is the right approach to consultation and should be a model for future work on other consultations. Such an honest and fresh way of working is essential and could be very worthwhile.


HMRC and tax agents

I have major concerns about the HMRC tax agent strategy. The consultation worked well and we benefited from a huge involvement from CIOT and ATT members. We need to keep this involvement up: I cannot emphasise how important it will be for all tax agents to read, consider and comment on the next round of consultation in this critical area of future working. It is clear that there are major concerns around ‘self-serve’, IT security and the agent view. The ‘agent view’ could be a rather involved way to identify a few ‘bad apples’; we must ensure that HMRC does not evolve into a cross between an Orwellian ‘big brother’ and MI5.


The relationship between HMRC, tax agents and their clients is at serious risk of changing irrevocably. I know as an agent I have a responsibility towards the integrity of the tax system, but the main responsibility is to my client and not to HMRC and we must never lose sight of this important principle.


The tax agent strategy poses fundamental questions about the role of tax agents. The HMRC response to the consultation dodges a key issue of formal qualifications. It does not see a tax qualification as a necessary or single test of competence. This is something which needs proper debate.


I accept that there are many very able ‘qualified by experience’ agents. But the role of professional bodies in maintaining professional standards seems to have been sidestepped. Independent oversight is also something which cannot be ignored. It must be a line in the sand for all the professional bodies supporting HMRC in their future work in this area.


When reading the HMRC summary of responses it is hard not to think that it is all about regulation and that ‘self-serve’ is more of a sideshow. Ask yourself, regulation by whom? Would you rather be regulated by your peers or by HMRC? Do agents understand the implications of the proposals? You have been warned!


The impact of HMRC powers is worrying

The latest example of the ever-increasing powers being given to HMRC is the ‘dishonest conduct’ legislation. I totally support HMRC tackling dishonest tax agents. I remain unconvinced that this new legislation, apart perhaps from the information power, is needed, even though it is much improved. The rights of the taxpayer are important and new powers must only be introduced where the existing law is deficient or too complex. A lack of manpower or will to use the existing criminal powers of HMRC where criminal activity is an issue should not be used to justify new oppressive legislation.

The conflation by HMRC of evasion and avoidance must stop. 

A recent example was the HMRC statement on 22 November 2011 in connection with the launch of the new offshore unit. The comments in the public release were unhelpful and blurred the distinction between avoidance and evasion. This is wrong. Concern has been expressed in the past about such comments coming out of HMRC.


HMRC staff and training

Tax training is something which HMRC takes seriously. Getting its staff to better understand tax administration, processes and taxpayers and to apply the law correctly must be a priority. This requires commitment from the top and should not be ignored.


It is clear that HMRC is under-staffed and under-resourced, with further significant cuts on the horizon. Is cutting HMRC staff a sensible strategic move on the part of government? Staff morale and the tax collection engine are now under considerable strain. HMRC is the UK’s ‘moneybox’ and could end up being severely damaged. Any perceived or real weakening in the tax system could have a major impact for tax administration, collection and an adverse effect on taxpayer attitudes.


Business Record Checks (BRC) and Single Compliance Process (SCP)

I am hoping for a sensible resolution to the BRC project before any damage is done to professional and client relationships. This has been a difficult experience and it would have been much better if HMRC had been upfront and consulted over its strategic objectives from the outset. Expecting the smallest business to have perfect records is quite unrealistic so I welcome the recently announced review by HMRC.


The rush to go live with the SCP in 2012 is a concern. This is far too quick, needing further time to consider the impact and implications of the pilot. There is no point in upsetting the entire tax agent community with rushed and ill-considered processes.


HMRC service levels initiative

The current key areas under consideration are post, tax codes, repayments and bereavement. HMRC is totally engaged with this project and are ‘seized with the issues’ which is encouraging. There is support from the highest levels within HMRC, the professional bodies and tax charities. Any slowing down in 2012 would be a massive blow to the trust that is slowly being rebuilt; though there is so much more still to do.


There are certainly challenges ahead in 2012!"


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, 3 January 2012

Spot Checks



The New Year is upon us, and already HMRC has been flayed by certain MPs and the Federation of Small Business (FSB) for harassing small businesses.

The cause of the outpouring of ire are the plans drawn up by HMRC for conducting spot checks on the paperwork, going back several years, of up to 20,000 firms as from April.

Ironically, as per an article I wrote in September, the original target was 50,000:

"HMRC have reduced their target for checking business records down from 50,000 to 20,000.

However, for reasons best known to HMRC, they are describing this reduced target as an "extension" of the scheme.


For good measure they also claim that the record checks are in the businesses best interests
.."

Anyhoo, 20,000 or 50,000, failure to provide HMRC with the information that they require may give rise to a fine of up to £3K.

John Walker, national chairman of the FSB, is quoted by The Independent:

"Despite the worsening economy, HMRC is launching this scheme regardless of the consequences.

We have spoken to HMRC and expressed our concerns about this a number of times. But as far as they and ministers are concerned it is a policy aim to make this happen.

There is a huge difference between the rhetoric of the Government about helping small businesses and what it is doing in reality."


Priti Patel MP is quoted:

"This is the persecution of small businesses at a time when they are already facing a very, very hard time. The attitude of HMRC to small businesses is frankly disgraceful when they are blatantly doing deals with large firms which have allowed them to escape millions of pounds in tax liabilities."

Interestingly, according to a spokesman,  HMRC appear to be backtracking on the plans:

"HMRC recognises that the launch of the Business Records Checks pilots has caused considerable concern to the tax profession, and that the project would have benefited from more detailed consultation with tax professionals at an earlier stage. 

In the light of these concerns, HMRC will undertake a strategic review of the project, in consultation with the professional and representative bodies.

The findings of the review will be shared with representative bodies in January 2012, and final decisions will be made by HMRC before the end of the current financial year."

Let us see if that gets anywhere.

Notwithstanding the above, the politicians would do well to remember that as they are responsible for tax legislation, HMRC's budget and the senior appointments to HMRC, they are ultimately responsible for HMRC.

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"

Wednesday, 7 December 2011

Debt Collection - HMRC Hires Bounty Hunters



HMRC and the Department for Work and Pensions (DWP) have signed a deal with Experian (the credit reference agency) to use its data to detect fraud and error in the tax credits and benefits systems.

The Guardian reports that a recent HMRC pilot protected more than £16M of potential losses in tax credits, and projected savings over the 12 months of the contract are around £700M.

David Gauke, the exchequer secretary to the Treasury, is quoted:

"The government will not tolerate people who dishonestly divert money away from those who are genuinely entitled to it. Working with Experian will allow HMRC to escalate the fight against tax credit fraudsters, helping to ensure that they are caught and punished."

HMRC has released a number of case studies illustrating where savings have been made in the pilot. One involved a woman claiming as a single parent with four children, where a search of Experian's information on financial applications showed that she had a partner living at the same address. This led to her awards being stopped.

HMRC won't say how much Experian are earning (either from direct fees or performance fees) for this work.

The Telegraph reports that Experian will identify cheats by trawling through their household bills, credit card applications and employment records and will be paid “by results".

Let us trust that this all works out well for everyone then!

I just have two small observations:

1 The results from pilot schemes run by HMRC are not always what they appear to be.

2 Not everyone is as enamoured of Experian as HMRC are.

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"

Friday, 11 November 2011

Missing Data



My thanks to a loyal reader who recently sent me a copy of the response that she received from HMRC, regarding a Freedom of Information enquiry that she made concerning the number of vehicles HMRC seized that are then auctioned off.

Rather bizarrely, even though HMRC recommend that taxpayers keep good quality financial records, HMRC don't have the information to hand!

"Thank you for your e-mail of 7 September asking for the following information. 

Dear HM Revenue and Customs, you state that in the period 2008/9 that you seized 5618 vehicles.

You further state that the sale of seized vehicles for the period 2008/9 totalled £4,259K.

I therefore request under FOI the following. 

For the period 2008/9 - How many vehicles were sent to auction (l understand the auction company you use is Wilsons Auctions)? 

How many vehicles were scrapped and to which company(s)? 

How many vehicles were restored to their owners? 

I am answering under the terms of the Freedom of Information Act 2000 (FoIA). 

I can confirm that the company the Department uses is Wilsons Auctions and would advise you that, following a search of our records, I have established HMRC does not hold the remainder of the information you requested. 

If you are not happy with this reply you may request a review by writing to the HMRC FOI Team, Room 1C/25, 100 Parliament Street, London SWIA 2BQ or email [email address]"



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

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Monday, 31 October 2011

HMRC Hackers



There was a rather interesting article in yesterday's Sunday Times, about hackers gaining access to HMRC systems and diverting tax refunds.

The article also refers to an earlier piece on this site (published in June 2011) about 91client accounts being hacked. The Sunday Times uses the "polite" alternative domain name of this site www.hmrconline.com.

Here is the article in full:

Tax rebates stolen by Revenue and Customs hackers

HMRC has emerged as the most recent target of hackers after fraudsters tap refunds system and divert funds into their own accounts

Jon Ungoed-Thomas and Cal Flyn


Fraudsters have found a way to hack into government tax records and divert refunds meant for others into their own bank accounts.

An investigation by The Sunday Times has revealed that criminals are secretly examining HM Revenue & Customs’ records looking for anyone who has paid too much tax. They then change the details of the bank accounts into which the repayments are to be made.

Alternatively, the hackers file fictitious tax returns showing large overpayments directly into the HMRC computer in the names of genuine taxpayers, then ask for refunds.

Victims become aware of the scam only when they are officially contacted by HMRC and told an overpayment is being transferred into their account.

HMRC is now facing questions over its security procedures and how the hackers are able to infiltrate its records. Experts claim it has failed to react as promptly as the banks to the risk of online fraud.
Roger Symes, 53, a ship broker from Surbiton, in south-west London, received a letter last month from HMRC advising him of a refund. He said: “They gave details of a bank account into which they were paying the money, but it wasn’t my bank account.

“My accountant said he had the same problem with 18 other clients.” The refunds applied for were between £100 and £4,000.

The hackers are accessing the tax files using the sign-on and passcodes assigned to accountants who file clients’ tax returns online. How they are obtaining these security details is unclear. It is not known whether it is via computer attacks on individual accountancy firms or by breaching HMRC’s own systems.

One hacker who spoke to The Sunday Times this year said he had accessed HMRC’s systems and had been able to obtain details of agent sign-ons and passcodes. A security expert said the claim was credible but HMRC denied its systems had been compromised.

Once a hacker has an agent sign-in, he can read the tax records of all the accountant’s clients, amend them and change the bank account details. Accountants who have spoken to this newspaper said hackers have been accessing taxpayer records for at least two years.

Claire Savage, a chartered accountant in Milton Keynes, Buckinghamshire, spotted irregularities in one of her clients’ files in June last year.

She said: “I called him up to ask about his new bank account, which turned out not to be his at all. When I realised that security had been breached I went through all of my clients’ files. A fair chunk of them — around 10 — were affected, and repayments of up to £3,000 had been requested in each case.” None of Savage’s clients lost money to the fraudsters.

Ralph Hayden, a chartered accountant at GW Cox & Co in Frinton-on-Sea, Essex, said 41 of his clients had been affected by a similar scam, which was first noticed in November 2009.

He said: “HMRC said that it must be our systems that had been breached but we called in computer experts who confirmed that it definitely wasn’t.

“In most cases, a tax return had not yet been filed, so a false return was submitted. In others, their returns had been edited, so that a repayment was now due. HMRC were not advising their frontline staff in case it was an inside job.”

On hmrconline.com, a blog about the HMRC, one taxpayer reveals that his accountant was also targeted. The posting states: “We recently returned from holiday to the news that 91 of our accountant’s client accounts had been hacked at the HMRC government gateway website.
“Hackers had accessed information on 91 individuals or organisations and had entered false end-of-year accounts in order to claim self-assessment refunds.

“We then received a letter from HMRC to advise us that the refunds were on their way to what we knew were false accounts. They actually paid out. HMRC now apparently know what they have done but to add insult to injury they have now started to send demands for repayment to the people [whose] accounts had been hacked.”

Unlike HMRC, the big banks ask customers conducting transactions online to provide additional passcodes for each financial transaction. These are generated by inserting a bank card into a hand-held reader provided by the bank.

Jason Hart, managing director of Cryptocard, a computer security company, said: “If you just had a static passcode, then once it’s compromised, you’re going to be a massive target for the fraudsters. It’s an invisible threat because they can get into your system at any time and you don’t even realise.”
A spokesman for HMRC said: “We take the security of our customers’ data extremely seriously and we do not discuss the details of our security defences ... We actively monitor repayment transactions and continue to address any fraudulent repayments.”



Tax does have to be taxing.

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Friday, 28 October 2011

Public Standards, Private Vices



Now here's a funny old coincidence, and btw there really is such a thing as coincidence!

That ever popular star turn at Parliament, Dave "Jack" Hartnett, was a guest at yesterday's House of Commons Members' Expenses Committee. He spoke about the Parliamentary Standards Act 2009.


Chairman Adam Afriyie asked a rather pertinent question about whether HMRC addresses MPs' taxation in the same manner as they do the wider general public.

Aha!

Jack gave a rather "interestingly" phrased answer, noting that HMRC's objective is to treat all people the same in terms of the quality of their service.

Note, "objective" is not the same as saying that everyone "IS" treated equally.

Jack went on to give the caveat that MPs are clearly unique in their requirements (I bet that stroked a few egos in the HOC) and, as such, require some specific dispensation.

The committee was particularly interested to know as to whether, in the eyes of HMRC, MPs are considered to be self-employed, employees of Parliament or office-holders.

Jack declared that HMRC couldn't think of a group to whom the term ‘self-employed' was less applicable, and that the logical place in HMRC's eyes was to classify MPs was as office-holders.


Anyhoo, this is all very interesting I hear you say, but "what is the coincidence to which you refer Ken?"

Well, I am glad you asked me that; for you see an enquiry about whether HMRC treats MPs differently from the rest of us could not have come at a better time; given what happened to "poor old" Vince Cable (Business Secretary) this week.

Vince (who has a bee in his bonnet about tax avoidance) failed to register freelance earnings for VAT (wrt his publishing, media appearances sidelines) until the error was detected and rectified back in February.

Cable's accountants, once they spotted the £25K VAT error (gross before deduction of charitable gifts) error accountants fessed up to HMRC, and HMRC fined him £500.

I don't doubt that this was a pure and simple "cock up". However, I do wonder about the mechanics of this cock up:

 - If there were no invoices for his fees/royalties, how will he satisfy HMRC as to the adequacy of his financial records?

- If invoices were issued, was VAT added? If so, what VAT registration number did he use? (trick question, because he wasn't registered for VAT)

- If no VAT was added, then his taxable income will have been overstated etc etc.

Anyhoo, whatever the mechanics of this cock up, I do wonder what HMRC's attitude (and size of fine) would have been had "Joe Public" made a similar cock up?

A very harsh, and excessively brutal assessment of this cock up could lead some to treat this as "evasion".

What do you think?

Comments, as ever, very welcome.

Here, btw, is a link to a video of Jack speaking at the committee Jack Speaks.






Tax does have to be taxing.

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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, 26 October 2011

Downfall II - HMRC Fights Back



My thanks to a loyal reader who posted HMRC's Stephen Hardwick's (Director of Communications and Corporate Affairs) intranet defence of Dave "Jack" Hartnett on this site the other day (apologies that it got stuck in the spam filter!).

I note he talks about "relentlessly" pursuing tax evaders.

Fair enough, except that (as I understand it) the vampire squid was trying to avoid (not evade) taxes. So that, to my humble view, is a red herring.

Additionally, quite why Hardwick chose to use the Occupy London Camp as a rationale for his message also eludes me; given that most of the tents are vacant, it is hardly an "occupation" or a credible "political movement".

Surely he would have been on firmer ground (if he really believes what he is saying), robustly demolishing the PAC assault on Jack (which after all is the real threat to Jack's career and the future of HMRC)?

Therefore, to my humble view, this was a wasted opportunity by the Director of Corporate Communications.

Anyhoo here it is (as posted), feel free to comment:

"London tax demonstration: Message from Stephen Hardwick

24 October 2011

You may know that activists are expected to march from the Occupy London camp at St Pauls’ Cathedral to 100 Parliament Street this afternoon, where they will call for Permanent Secretary for Tax Dave Hartnett’s resignation.

The march has been co-ordinated by tax pressure group UK Uncut and follows a week of media coverage over the Department’s large business settlements.

UK Uncut has persistently misrepresented how HMRC handles large business settlements and has targeted our 2010 settlement with Vodafone in particular.

Their claims that HMRC does “sweetheart deals” are wholly false. HMRC has relentlessly pursued all taxpayers who seek to evade tax, big or small. In fact, the money we bring in through our compliance work has more than doubled since the Department was created in 2005. Last year, that figure stood at £13.9 billion.

UK Uncut and others have attacked HMRC – and Dave Hartnett personally – over the non-disclosure of confidential tax records. As they know, the law prevents us from doing this.

We have repeatedly said that our legal advice makes clear that any official who breaks taxpayer confidentiality, whether before a Parliamentary committee or in any other context, could be prosecuted. We have a duty both to protect taxpayers’ confidentiality and our employees.

UK Uncut’s march on HMRC and its call for Dave Hartnett to resign are misguided. While there is a role for public campaigning against tax avoidance and evasion, and we welcome the profile it brings to the issue, those who target individuals and companies do have a responsibility to get their facts right. Otherwise they undermine both their own cause and HMRC’s work.

Dave Hartnett will be declining UK Uncut’s request that he resigns, and he has the full support and sympathy of all his ExCom colleagues. He is taking all of the burdens of HMRC’s negative publicity on this issue on his shoulders and, in our view, does not deserve to be targeted in this way.

Stephen Hardwick

Director of Communications and Corporate Affairs
"



Tax does have to be taxing.

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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, 25 October 2011

An Inspector Calls II - Clasper Speaks

On 10th October I wrote the following:

"The ICAEW reports that Mike Clasper (Charmian of HMRC) popped in to ICAEW Council last week for a wee chat.

Clasper told members that improving service standards and the "customer" experience were priorities for the department. He also stressed the importance of 2012 to HMRC as a number of changes are implemented.


This is his first visit to Council and he acknowledged the difficulties that have existed within HMRC since the merger between Customs and Excise and the Inland Revenue. He also stated that HMRC plans to become more efficient, increase tax revenue and improve the "customer" (ugh, the "C" word again!) experience
."

The wheels within the ICAEW sometimes grind rather slowly. However, after a wee bit of gentle pushing from me, the ICAEW has published a summary of what Clasper actually said at the meeting.

Here it is:

"hmrc service standards and tax agent strategy
  
HMRC’s Chairman, Mike Clasper, and Brian Redford, Deputy Director, Business Customer & Strategy, attended the October Council meeting to discuss service standards and the recently published consultation on Tax Agent Strategy.

The decline in service standards is one of the biggest concerns currently being mentioned by the ICAEW membership. Following a highly critical report by the Treasury Select Committee published in July 2011, a meeting was held in September 2011 between HMRC’s senior management and the professional bodies and various charities to discuss what should be done to help make improvements. 
 
It was chaired by Mike Clasper and following the meeting a joint statement was published, setting out plans for HMRC to work with the professions and charities to make improvements. Tax Agents have a critical role to play and need a strong relationship with HMRC. At the moment there is a lack of trust that needs to be addressed.

There is understandable concern that promises have been made in the past to improve service standards but they have not been realised. However, the joint statement marks a turning point and shows that HMRC has picked up the challenge issued by the Treasury Select Committee to work with the profession to make improvements.

The biggest problems highlighted are post and telephone handling. The challenge for HMRC and the profession is to jointly understand the nature of the problem, develop solutions to improve the service and find performance measures that accurately reflect the customer experience.

Background
In the past, there have been different views as to how HMRC should recognise agents, with some feeling that the focus of attention should be on the tax payer. HMRC are now clear that strategically the role of the agent should be recognised in addition to the role played by the customer and there is a genuine intention on the part of HMRC to improve relationships with agents.

With the launch of HMRC in 2005, there was a loss of confidence in the organisation from customers as it was felt that it did not have a clear customer centric focus. The foundations for the merger were solid enough. It offered one tax authority for business which is a huge enabler for a customer-centric organisation, a system of dealing with large businesses that is globally competitive and a vast amount of knowledge about tax payers. However, the merger did not fully resolve the cultural differences between the two organisations and needed to deliver efficiency savings at the same time as facilitating a smooth transition from a local to a national organisation.

Following the merger, HMRC’s strategic objectives included:

-       Closing the tax gap
-       Focusing on the customer experience
-       Providing value for money
-       Operating with professionalism

In the 2010 spending review, along with all government departments HMRC was charged with cutting costs by a further 25%, but reinvestment back into HMRC was agreed with a primary focus on closing the tax gap and improving compliance.
 
In order to achieve HMRC’s strategic goals, there has to be a balance between three key and often conflicting aims:

1.    The tax has to be collected
2.    The customer experience has to be good
3.    HMRC has to be efficient

2010 – A difficult year

Mike acknowledged that 2010 was a difficult year and had said so on the record, but that it had to be seen in context. For HMRC employees, existing systems and processes were becoming outmoded and as configured were not able to provide a single view of a PAYE customer on its systems and this required expensive manual intervention. The system designed to support PAYE was based on 13 regionally defined databases meaning that some people had several records, some of which had not been linked and led to bad data quality and inconsistency. Working with this dated system, people developed ways of getting the right result without inputting the right data which led to further problems. HMRC underestimated the problems that would arise in the move to the new national PAYE system (NPS) and the resources that were needed to tackle them. These problems were only made worse by the resulting high volume of telephone calls that taxpayers and agents made to HMRC.

A related problem was the growing backlog for reconciling PAYE exceptions, which by 2010 had reached 23 million open cases, a problem that dated back to 1983. It was proving impossible to tackle this backlog with the existing systems.

The current situation

Mike explained that over the last few months there had been a considerable turnaround in performance and customers were starting to see the benefits of the NPS investment and other operational changes. Customer contact has improved. This year 70% of calls, on average, are answered within 40 seconds which is a massive improvement on the previous year.

Postal response times are the best they have been since the merger. The average is less than 15 days – calculated from the day the post arrives at HMRC through to when it is posted on HMRC’s system and a response sent. However, Mike accepted that this is not translating to the customer experience and this needs to be addressed. HMRC is also working with its mail partners, Fujitsu and Royal Mail, to cut delays once correspondence leaves HRMC.  But Mike acknowledged that there is more to do in improving the customer experience.

Internally, work is being done to improve professionalism and quality. Training and development is an essential part of this. HMRC is supporting professionalism through the establishment of ‘The Tax Academy’, accredited by Manchester Metropolitan University. This year, some 200 members of staff will commence their training through the academy for full technical training, although it is acknowledged that a wider section of the workforce will undertake other training and continuing professional development.  HMRC recognise some 18,000 members of staff as tax professionals.

Teams have been empowered to improve their own processes through ‘Pacesetter’ methodology and already an improvement in productivity of up to 60% has been seen in some areas.

Work is also being done to cut down on the organisation’s hierarchy. There have been up to 14 approval levels, from frontline staff up to CEO. By March next year there will be no more than eight. The top four tiers of the organisation have also been reviewed. 45% of jobs have been competed with a number filled externally to revitalise the structure and overall numbers reduced.

Up to 8,000 members of staff are also moving from processing to compliance roles in the coming years, which will help to balance the three requirements to achieving strategic goals.

On the performance challenge, HMRC staff members have received the training needed to enable them to go out and observe Tax Agents in their own firms to get a first-hand view of the problems that they are experiencing. HMRC now needs the profession to volunteer to host their staff and help improve standards. At the moment, it was proving difficult to recruit volunteer firms and Mike requested that ICAEW did all they could to promote this initiative. Since the Council meeting a significant number of  ICAEW members and others have stepped forward and the visits are will commence as planned.

Tax Agent Strategy
Allowing agents to ‘self serve’ through an online system should improve the process. By enrolling and understanding the business profiles of tax agents, it will be possible to tailor communication and support.

Through this system, HMRC will now be able to look at all interactions with agents. If there are consistent problems, they can then work with the agents to make improvements, a mutually beneficial process.
 
Conclusion
HMRC has committed to a big challenge. However, improvements can only be made with the input of the profession and it is therefore important that firms come forward to volunteer to host HMRC staff. Council members are strongly encouraged to do so, and take their opportunity to share their experiences.
 
For further information, please contact Frank Haskew, Head of the Tax Faculty, frank.haskew@icaew.com "
Well then, Clasper sounds quite optimistic!

I have been publishing this site for several years now, and accept that I may at times be "jaundiced" in my views as to whether there is any genuine improvement or merely scratching around at the edges of the issues facing HMRC.

Therefore I would welcome opinions from my loyal readers (HMRC staff and non HMRC staff) on the above, and as to whether it is a fair reflection of reality.

I would note one thing, not everyone is of the view that there is such a cosy relationship between HMRC and the profession.

Anthony Thomas, President of the Chartered Institute of Taxation (CIOT), recently debunked the nonsense that there is a "special relationship" between HMRC and the professional bodies, calling it a "myth" (akin to that "relationship" between the UK and US governments).
 
This view may ruffle a few feathers over at the ICAEW, where Michael Izza (the CEO) claims that "we (the ICAEW) now have a partnership with HMRC".
 



Tax does have to be taxing.

UK EXPATS: Reduce tax on UK Pensions
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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, 23 September 2011

HMRC Bullshit

Accountancy Age reports that HMRC have reduced their target for checking business records down from 50,000 to 20,000.

However, for reasons best known to HMRC, they are describing this reduced target as an "extension" of the scheme.

For good measure they also claim that the record checks are in the businesses best interests:

HMRC's director of local compliance, Richard Summersgill, said:

"Good record-keeping helps businesses pay the right amount of tax at the right time, thereby potentially avoiding interest and penalties.

Adequate records give businesses a clear idea of their trading position and profitability, allowing them to make business decisions and adjustments to ensure survival and success. 

And where a check has shown a business keeps adequate records, it gives HMRC a greater degree of assurance as to the likely accuracy of its tax returns."

Bullshit from start to finish!

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.

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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, 31 August 2011

Shambles

Shambles
My sympathies to a loyal reader whose company has been trying for 3 years to obtain a CIS refund from HMRC without any success.

I understand that their client submitted the P35 to HMRC some 3 years ago, the HMRC office dealing with it at the time was Liverpool Regian House.

The office closed and the paperwork went to Bootle.

The HMRC staff member who took up the case at Bootle was in fact the same person who handled it at Regian House. However, despite having signed a letter with a Regian House address, she denied ever having dealt with it.

Two further P35's were submitted, in the meantime Bootle closed and the paperwork went on a merry journey to Longbenton.

Various other documents have been requested eg; copy bank statements twice, contractors CIS number, monthly records etc.

As time elapsed, various contractors involved have gone bust.

As things stand now, Longbenton have told my loyal reader's company that HMRC will not issue ANOTHER refund for 2010/11 unless all documents are forwarded. This is of course despite the fact that earlier years have yet to be dealt with.

My loyal reader's company has written to Osborne about this but, oddly enough, have not received a reply.

Tax does have to be taxing.

UK EXPATS: Reduce tax on UK Pensions
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Quote ID code "ABC" when contacting a QROPS specialist.

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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"