I was just doing some agent housekeeping and I noticed a couple of clients (married to each other) who were not on my client list although they have been on the list for the past 18 months. They have a limited company who is still on my client list. I phoned HMRC (several times) and they eventually said that a new 64-8 has been submitted from another agent. I said that I have received no evidence that they have changed agent: no contact from a new accountant or clients mentioning it. HMRC suggested I contact the client and if they said they hadn't changed agent they would investigate.
I couldn't see any progress without contacted my client so I phoned him. He said he hadn't changed agent. I phoned HMRC and told them and, as expected, they said there was nothing they could do. I'm waiting for a call back from a manager. I would think that my client could request a copy of the 64-8 (or electronic equivalents) to see what evidence HMRC have to support their actions. I'm disappointed - although not surprised - that HMRC don't appear to have a system to deal with this.
I have now had a call back from a manager and she said that the only thing I could do was submit another 64-8. I explained that I didn't want to do that. I would prefer that the problem was investigated and lessons learned and steps were put in place to stop it happening again and/or deal with the problem when it arises in future.
She said my clients could contact:
Call Retrieval Team
HM Revenue & Customs
5th Floor
Trinity Bridge House
Dearmans Place
Salford M3 5DU
My clients should ask for a copy of the 64-8 which is held on file as authorised agent (please send copy to: Peter Saxton & Co.) and authorise HMRC to deal with Peter Saxton & Co. regarding this matter.
I have also made a complaint against HMRC regarding the inadequate way they deal with the problem. I think they should investigate the matter if an agent points out there is a problem.
Replies (8)
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I've gone the other way. On Friday I reviewed my HMRC - list a monthly chore - to find that a client who died 5 years ago has suddenly popped up again on the list. Why???
HMRC
I have had this before with HMRC, used to be more prevalent before electronic registration becoming more popular.
It is probably quicker just to reapply online for authorisation, not ideal but that is probably what HMRC will make you do in the end.
Data Protection
If HMRC have given access to the taxpayers' records to another agent, without the taxpayers' authorisations, there would seem to be clear breach of data protection legislation, so the taxpayers may wish to involve the Information Commissioner.
Of course it may be that there is no other agent and HMRC have simply "lost" your authorisation. I agree it is odd and should be thoroughly investigated.
Just go with it
Agree with rigsby - don't bother arguing the toss, just submit another 64-8.
It's a lot quicker than arguing about whether they've had one before.
I had this with my mum a few years ago - only been acting for her for forty years, like - and one day, I rang HMRC about a letter they'd sent me. "Oh, we can't speak to you. We've no agent authority for you."
"OK - put me through to your complaints dept then - I want to complain about you sending me letters about my mum's confidential affairs when you've no authority form in place."
Silence ...........