Non resident under HMRC investigation

Should we respond to every HMRC detailed question

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I have been recently instructed by a client who has a property in the UK , currently unoccupied. His children were schooled here and he lives abroad in his country of birth. His visits to the UK over the last six years have been less than two weeks in each year. HMRC has sent a letter requesting full details of his lifestyle, finances, businesses, family etc. with deadlines for providing the information, which passed as he did not get the letter till later. They are also requesting he travels thousands of miles to the UK so they can interview him. He has never done a UK tax return. What powers do they have to ask for this information. Can they levy a S9 order to supply? If he travels to the UK for their interview, that might with the current changes, actually make him resident and liable to do a tax return.

Replies (13)

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By Accountant A
17th Jan 2017 15:22

Why has he instructed a UK based "tax novice" if he has no UK taxable income? If it's because of the letter sent by HMRC, he might have been better just responding himself from his overseas address. A polite high level summary of why he has no UK tax issues might be in order.

Of course, HMRC may have some information that suggests he does have UK taxable interests.

I must have missed the "current changes" that render someone UK resident if they visit the UK for a short time. Have you got a link for that?

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Replying to Accountant A:
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By tax novice
17th Jan 2017 15:49

He has instructed me because of the letter he does not understand.
By current changes I actually mean' a few years ago' residence points type system introduction.

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By SteveHa
17th Jan 2017 15:23

Challenge HMRC on the reasonableness of their request. They may give you a hint if there's something he hasn't told you.

I'd be surprised if HMRC went to such lengths without some information to justify it.

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Red Leader
By Red Leader
17th Jan 2017 15:31

Ring HMRC. Sound them out. Also sound out your client.

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By Ruddles
17th Jan 2017 15:44

Since HMRC normally express a preference to meet with a taxpayer at the taxpayer's address suggest to HMRC that your client would prefer to do just that.

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Replying to Ruddles:
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By tax novice
17th Jan 2017 15:49

Good one !!

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Replying to Ruddles:
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By bernard michael
17th Jan 2017 16:25

Ruddles wrote:

Since HMRC normally express a preference to meet with a taxpayer at the taxpayer's address suggest to HMRC that your client would prefer to do just that.

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Replying to Ruddles:
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By bernard michael
17th Jan 2017 16:26

Ruddles wrote:

Since HMRC normally express a preference to meet with a taxpayer at the taxpayer's address suggest to HMRC that your client would prefer to do just that.


Don't suggest that. They may take you up on it and have a free holiday on us
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Replying to bernard michael:
paddle steamer
By DJKL
17th Jan 2017 16:47

bernard michael wrote:

Ruddles wrote:

Since HMRC normally express a preference to meet with a taxpayer at the taxpayer's address suggest to HMRC that your client would prefer to do just that.

Don't suggest that. They may take you up on it and have a free holiday on us

But if they do take up the offer you then know one thing; you need to advise your client to find a solicitor with a niche practice fighting extradition requests.

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Replying to DJKL:
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By tax novice
17th Jan 2017 16:57

If my client owes money he will have to pay it or they can lien his house.

HMRC have said they will send me some 'evidence'

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By Tim Vane
17th Jan 2017 17:00

This sounds like the sort of thing you'll regret getting involved with.

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Replying to Tim Vane:
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By tax novice
17th Jan 2017 20:08

no regrets only learn

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Replying to Tim Vane:
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By tax novice
17th Jan 2017 20:34

He has paid me in advance

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