Any good stories?

Following on from John Stokdyk's excellent article about the CIOT report into the new HMRC powers (which highlights some concerns) - does anyone have any good or bad experiences to report about the current state of the enquiry regime?

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johnjenkins's picture

Any Good Stories?

johnjenkins | | Permalink

The phrase "wrong doing" is already being used by HMRC. So it is only a matter of time before we are inundated with "testing" penalties.

Suspended VAT Penalty

tuliptownman | | Permalink

Having recently concluded a Cross Compliance check which covered CT & VAT which has taken nearly two years to complete because the VAT Officer was given of lot a VAT repayment claims to check and therefore could not finalise his bit, I though I would like to offer a good experience.

The client has seen a very rapid growth in his business, and the main issues really were that the quality of record keeping did not keep up with this growth.  The Cross Compliance check covered the CT aspect of a Return that had already been filed whilst the VAT check covered quarters leading up to the date of the Check. As the Accounts covering that year were in the process of being produced it was agreed that as part of the Accounts process a reconciliation of the VAT Returns to the clients records would be undertaken. During this process discrepancies were identified and disclosed to HMRC and recommendations made to the client relating to record keeping and the tools deployed to assist with this. Whilst minimal penalties were charged for the CT aspect HMRC have advised that a penalty is due for the VAT element but have suspended it for two years providing the recommendations that were made by ourselves to the client when the VAT errors were identified are adopted (which they have been) although the Returns for the two year period would be monitored.  Both aspects of the enquiry were dealt with experienced Inspectors, although at the outset they did advise that it was one of the first Cross Compliance checks that they had undertaken. Overall taking into account full and speedy co operation from our client the whole experience has been a lot better than traditional enquiries. I think having long serving and experienced helped in this regard as they did appreciate the issues that can occur in a business that has enjoyed a very rapid expansion. It is however the first time I have come across a suspended penalty.

recent lomas case and first tier tribunal

david5541 | | Permalink

this case should not have gone to a first tier tribunal! the fact is the only staff hmrc have now are "gofers" to "gofa this" and "gofa that"

The responses we get from them in writing, which i insist on could have easily been written by someone with the intelligence of a seven year old-9/10 times they are written by assistant officers-who are not even trainee inspectors and show ignorance of the legislation 

our case going to tribunal is petty and i really hope it is withdrawn by HMRC, its ridiculous how someone who isnt fraudulent at all has to defend her claim for ppr on a short occupancy by going to tribunal!!!! 

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Group: HMRC new enquiry powers discussion group
Ros Martin, consultant and share experiences of the new compliance check regime and discuss issues arising from how HMRC are using their new powers.