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I think a client has sacked me!

I think a client has sacked me!

Hi. I recently wrote that I had completed all self assessment returns bar one and they hadn't sent me any information.

I am now updating this story......

I was on my agent login on HMRC website and clicked on said client to see if they had had their penalty charged yet. I was surprised to be informed that a tax return had been filed on 31 Jan. I assume it was the client themselves although I dont know how as they hadn't any login details.

I am obviously still entered as their agent as I could see their record and this is my problem....

There was a link to view filed return (which I didn't click on). Am I allowed to view it as I haven't filed it? Is my name linked to this record? What can I do to ensure I am not liable to a faulty return?

The reason I ask is that I have the clients self employment records and I haven't informed them of their profit (accounting or tax) as I haven't completed the accounts yet as I wasn't sure I would be paid (which obviously I wont be!)

If I am allowed to check the return and find an error I am obliged (I think) to report it under money laundering regs, is this right?

Any help and advice would be much appreciated.

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10th Feb 2012 11:20

Sorry for bing dim

If "they hadn't sent me any information"

how come "I have the clients self employment records" ?

 

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lionofludesch
10th Feb 2012 12:36

Sorry for bing dim

I received their self employment records last year from their now ex spouse. They ceased being self employed about three months into the 2010/2011 tax year. Sorry for not making that clear!

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10th Feb 2012 11:20

Money Laundering Regulations

You say "If I am allowed to check the return and find an error I am obliged (I think) to report it under money laundering regs".

That is not the case.

You are obliged to make a report if you have a suspicion (based on information received in the course of your work) that a person is engaged in money laundering.  A person will be engaged in money laundering if they have obtained a benefit derived from a crime (committed by themselves or another).

But making an error on a tax return is not a crime unless that "error" is deliberate and dishonest.

If the (ex) client has simply done his best to file a correct return but got it wrong then no crime has been committed.

So you need to consider whether you suspect that the error (if you find one) is deliberate and dishonest before deciding whether a report is required.

David

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10th Feb 2012 11:21

I got lost, too

Too many contradictions, but why on earth do you think you will be held liable for a return submitted by somebody else? Being their tax agent does not make us responsible for their actions .... thank heaven :)

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10th Feb 2012 11:23

Stop panicking

I have one who completed his own SA return when I was/am still his agent. I can (and did) view it. You are not liable as you had no hand in the return - I wouldn't bother looking for 'errors' just contact them notifying that you are no longer able/willing to act for them.

Then delete them from your client list.

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By Monsoon
10th Feb 2012 13:10

Leave it.

This happens. I've gotten "your client is due a repayment" letters from HMRC and I think "I didn't file that return!"

I wouldn't look at their records, or the filed return. It's none of my business; they've clearly gone elsewhere or gone DIY.

No MLR issue to me (and I wouldn't call it a sacking, either) - just a client lacking the courtesy to tell me they aren't using us any more. Move to archive, delete off HMRC online, case closed... I'm too busy to look into what they did and cross reference with my records to see if anything's dodge or not.

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