HMRC officer- pulling a fast one?

HMRC officer- pulling a fast one?

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Hi

Just had a HMRC officer being so rude to me. Wanting to rant really.

Background is company is aware it has outstanding CT liabilities. (yes client aware of fault!)

Trying to arrange a payment plan with HMRC. They wont speak to me although am the agent, am not the director.

I stated director willing to make a big payment in a couple of days followed by a payment plan. He wanted it right now, ( next few hours) otherwise he will advise debt collection agency. At no point did he say that balance needs to be paid before next periods CT is due.

My question is, does he have the power to refer case to debt agency when previously he said co can do a payment plan? Also can he suddenly demand payment on phone there and then when I said client can make payment in a few days? anyone aware of the statue which states this in black and white? Officer stated there is statute to demand payment there and then so quite interested in this statute, especially as he didn't want to reveal it.

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By rjoconnor81
17th Nov 2014 13:23

Debt Agency

I don't know the in's and out's of the statute etc, but the debt agencies are a lot easier to deal with than HMRC.  you generally find that the debt agencies have a bit more flexibility.  You call them up, tell them what your client is going to do, they update file and that is pretty much it unless you don't do what you have said.

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By User deleted
17th Nov 2014 13:35

This HMRC robot is talking nonsense.There is no such then and there law. If your client owes tax that needs to be paid failing which there may be fines, penalties etc. Debt collectors are basically agents asking for money on behalf of their principal i.e. HMRC.

That said HMRC do have some powers when it comes to enforcement:

To take control of goodsTo conduct county court proceedings

Howevereven then they ought to give you time.

 

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Stepurhan
By stepurhan
17th Nov 2014 13:46

Anything in writing?

Unless there is an agreement to a payment plan in writing, then the client cannot prove that HMRC have accepted a payment plan. That being the case, I would suspect that HMRC are well within their rights (legally) to put an overdue debt in the hands of debt collectors. Only if the amount due were disputed (and you say it isn't) would that be a problem.

Just how overdue is the payment anyway? If it's already heavily overdue, then it is not unreasonable to view a promise of payment in "a few days" as a delaying tactic. Making a payment there and then is a sign of good faith in setting up the payment plan. Offering a lower payment immediately might have been a better approach

EDIT : Note, the "there and then" payment is just to stop them putting the matter in the hands of debt collectors. It isn't about them being able to take immediate enforcement action, as you and some others seem to be interpreting it. They are legally entitled to put an overdue debt in the hands of a debt collector at any time unless they have agreed to the contrary.

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By bernard michael
17th Nov 2014 14:51

Even so the debt collectors normally take 3 -4 weeks before contacting the tax payer. Pay the large amount and do a deal with them when they contact the client

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By Satwaki Chanda
17th Nov 2014 18:47

Which statute?

Just ask him which statute he is relying on and get him to put it in writing.

He may well be right. But there's no harm in his having to look up the relevant legislation.

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