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If you get through to HMRC’s helpline better record the details including time and date of call

6th Jul 2015
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I’ve just read the case of Barking Brickwork Contractors in this week’s “Taxation” magazine and frankly it made me very angry.

Without going too far into the details Penalties imposed on a taxpayer company who argues that the error arose from bad advice from HMRC’s helpline.

What made me angry were the following sentences:

“The taxman claimed there was no evidence to show the employee contacted the helpline”

And the FTT said

“And there was evidence to show that she, her replacement and the company director had called the HMRC helpline several times but received no clear advice”

So at tribunal the company is able to convince the tribunal that at least 3 people had made telephone calls to the HMRC helpline and spoken to someone YET before the tribunal HMRC are unable to find details of any calls to them by the company and as a result the opportunity to withdraw the penalties passes.

So one has to question just what steps were taken by HMRC before the Tribunal hearing to actually check that the Company really did ring them, obviously none, which actually says a lot about HMRC’s attitude to taxpayers which is fine and penalise them whenever possible and worry about the consequences later.

Before I forget let’s not forget that the following “Called the HMRC helpline several times but received no clear advice” SO if you can get through, and the Company is to be commended in holding on to actually get through, the answer you get is probably wrong or incomplete or could land you in a tribunal.

This article is taken from “Accounting Practice” the ICPA quarterly magazine. Dedicated to supporting and promoting the needs of the general practitioner. You can find us at www.icpa.org.uk  or email [email protected]  or by phone on 0800-074-2896

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