Help with HMRC enquiry

Hi everyone

just wondered if anyone on this board could give me some advice on a matter

I have been subject to a HMRC enquiry they are saying they have evidence I am self employed 

I contacted them to ask what it was about and they seem to have the wrong end of the stick as they have me mixed up with another person of the name 

I went to a meeting to discuss this and try and set the record straight and they didn't believe that I haven't been self employed and asked me to produce evidence like bank statements

If their 'evidence' is flakey should I still comply with their request or refuse as it a invation of my privacy having my financial affairs checked out

any comments and advice appreciated

 

Comments

HMRC Investigation Problem

nickselectaccounting | | Permalink

Hi Harry,

Your case does sound interesting. If I were in your situation I would probably contact Covertax in Birmingham. Partners being ex HMRC Senior Investigation Officers and an excellent reputation. Have a look at their website www.covertax.co.uk

Please keep your post updated as I would be interested to see what happens. . .

Regards

 

Nick Smith

Hi Harry

beverly chester | | Permalink

You really do need some expert help with this situation. It is hugely risky going for an interview on your own. I had a similar case with a client many years ago, same name, same trade, same supplier, same town and it took a huge amount of effort to get them to withdraw. Admittedly I was quite inexperienced but the client came pretty close to committing suicide as his integrity was pretty much all he had left in life. We did win the case in the end but it was hard work. 

Have you considered someone could have cloned your details, used your identity or do you actually know the other person with the same name. Do all the other facts fit i.e. NI Number, UTR, address etc?  What evidence did they show you?

 

jdstone's picture

HMRC enquiry

jdstone | | Permalink

Hi Harry,

This is not that uncommon.  I have been in practice for many years and we used to get the odd enquiry open where there was a suggestion that interest had been omitted from a return.  This was in the days when banks supplied the Revenue with interest details to support the old composite rate on Building Society interest.  We usually managed to get the matter resolved without to much difficulty - surprising how many Coles and Perkins live around Tavistock!

I suggest that you write back to HMRC confirming that you have not been self employed, and suggest that if they believe that you are then to provide you with details of the bank account into which that money was banked.  They are unlikely to do it, but perhaps worth a try.  I should then go on to say that as you are not self-employed you do not have an accountant, but if they continue then you feel that you will have to get representation.  Then go on to say that the cost will solely be as a result of their enquiry, and when it is proven that they were wrong then you will expect them to pay for your accountant's costs, plus an additional sum to compensate for your time and distress.  It will be worth copying that letter for the personal attention of the District Inspector - i.e. send two letters - one in response and a copy to the DI.

Hopefully sense will then prevail.  Having said that I cannot see a problem with revealing your bank statements if that will close the case.  The problem is that if I were the Inspector would I be happy if you showed me your HSBC account when you may have others.

Just a thought - I wonder whether this is the black economy unit - perhaps you have sold a load of surplus bits on eBay or through the local paper - if so then I suggest that you supply details of what you may have sold to show that you are not trading.

Best of luck with it - not pleasant to be outside of one's comfort zone.

 

Thanks

harryy | | Permalink

for your replys

I did take an accountant with me to the interview but unfortunately they have limited knowledge when it comes to enquiries 

I can send someone a p.m if you think you could offer some more advice

 

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