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How best to deal with tax investigations  

This article was kindly provided for Contract Eye readers by Antony J Holdsworth - IT Contractor Accountants

The following process is adopted during HM Revenue & Customs (HMRC) tax investigations:

  • The start of tax investigations:

    The Inspector will notify you by letter if there is to be an enquiry into your tax return. This letter will usually be accompanied by a copy of the HMRC "Code of Practice" booklet. The notification will also include a request for you to submit certain business records.

    Consult a professional advisor before submitting any records to the Inspector during tax investigations.

  • Meeting the Inspector:

    The Inspector will review thoroughly any records you send, looking for inconsistencies and discrepancies. During the course of tax investigations you will probably be requested to attend a meeting with the Inspector when you will be asked questions about your business affairs, personal life, and lifestyle. Using the records you sent earlier, the Inspector will make thorough preparations for this meeting. There will be questions about any discrepancies the Inspector believes have been found in your records.

    The opening meeting will be pivotal to the tax enquiry / tax investigation. The Inspector will prepare detailed minutes of it. Later in the tax enquiry, the Inspector may use as evidence any answers you give in the meeting. You must be well informed and well prepared before attending the opening meeting. Make sure you take advice from a professional advisor before attending a meeting with the Inspector.

    Take a professional advisor with you to any meetings with the Inspector. Using a professional advisor will greatly increase your chances of achieving a favourable settlement in tax investigations.

  • Requests for further information:

    After the meeting, the Inspector may make requests for further information. Such information may include details and statements of personal bank accounts or those of a spouse or relative, a statement of your assets and liabilities, or even a means test. Always consult your professional advisor before responding to such requests.

    A professional advisor will tell you what information you are obligated to provide during the course of tax investigations. He/She can help you produce any numerical schedules that may be required.

  • Negotiating a settlement in tax investigations:

    It is essential you utilise the services of a good professional advisor when the tax enquiry reaches the negotiation stage. The Inspector will have been trained meticulously by the HMRC and will work almost exclusively on tax investigations or tax enquiries. Traders without professional advice often suffer larger assessments during tax investigations as they will be unaware of the negotiating procedures used by the Inspector.

    Always employ the services of a professional advisor to handle negotiations with the Inspector on your behalf. Without one you may find it difficult to negotiate a favorable settlement in tax investigations.

  • Appealing against assessments in tax investigations:

    You may feel the assessment calculated by the Inspector is unfair. A professional advisor will be able to advise you if he believes this to be the case. He will also be able to advise you of the courses of action available to you for appeal.

    You may be able to appeal against the assessment itself or even against the conduct of the enquiry by the Inspector. Speak to a professional advisor to find out what your options are.

    Key points to achieving a fair settlement in tax investigations:

  • Seek early help from a professional advisor.
  • If you are unadvised in an enquiry, seek advice now.
  • Consult your advisor before responding to the Inspector.
  • Do not meet the Inspector without a professional advisor.
  • Delegate the settlement negotiation to your advisor.
  • Link to HMRC website - Tax Investigations, Tax Enquiries, etc.



Published on Jun 27, 2006


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