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Closing an enquiry

Closing an enquiry

We have an ongoing Company enquiry with HMRC re the valuation of certain assets transferred to the company.

We submitted our (substantial) reasoned basis for the valuation over three months ago and despite three reminders HMRC is totally silent.

Is there any way i can force the enquiry to close because HMRC have had a substantial amount of time to get back to us and have not?


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07th Sep 2011 14:47

you can appeal and ask for a final hmrc review of the case and then if necessary refer to the first tier tribunal with appeals to the upper tribunal.

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07th Sep 2011 15:01

hmm....i would

write to them once more advising further to previous correspondence and having given them adequate time (copies enclosed) that if you do not hear from them within 30 days then you will assume that they have agreed with your conclusion and that you look forward to receiving a closure notice accordingly. 


Send via registered post - and wait for the call..... if no call then i would write to the general commisioners seeking a closure notice (enclose copies of all of the previous corres with hmrc) - not done this part before - but this should at least get some respone from HMRC. (hopefully a hurried apology and closure notice from them).



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to ShirleyM
07th Sep 2011 15:18

general commisioners?

I thought all the general commisioners were long gone.

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08th Sep 2011 08:07

Be careful ...

You cannot appeal at this stage - you don't have a decision to appeal against.

Your only option at this stage (other than waiting) is to apply to the Tribunal for a closure notice. But if you do that you will lose the opportunity to deal with the matter by correspondence and you will effectively be risking going into a (potentially very expensive) litigation process.

Frustrating as it may be, three months is nothing in these days of a hopelessly under-resourced HMRC - particularly where valuations are involved and thus a necessity for HMRC to involve the valuation office.

My advice is just to wait. What does your client have to lose by waiting apart from (possibly) some interest on any under paid tax?


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08th Sep 2011 12:46

Waiting can be a good idea.

The longer HMRC take to reply in spite of reasonable reminders from you, the worse it looks for them if and when the case is reviewed/goes to appeal.

The key here is for you to be reasonable even if HMRC are clearly not.

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