HMRC to remove agent access without AML proof
If agents from professional bodies don’t respond to an HMRC letter confirming their AML supervision, they may lose access to online HMRC services.
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Left out, worn out and now thrown out!
Who'd be an ASP these days?
(well a slithery snake would, obviously)
Britain's equivalent of the old East German STASI (Ministerium für Staatssicherheit, ) otherwise known as HMRC are now utterly out of control!
"Who'd be an ASP these days?" Well, there is the nub: if our professional bodies were really interested in their members, rather than simply charging evermore exorbitant membership fees, then would have jumped on Government and the various ministers with big boots. They haven't and they won't, simply because in the case of the CCAB they simply follow the directions of the top ten and in general since they are all on a nice little earner. For themselves.
The UK Stasi or HMRC could not have chosen a better time to disrupt tax and income reporting; perhaps their devious plan is to collect vast amounts of penalties for failing to file and pay the tax due?
Write to HMRC: nice idea. I am still waiting for responses for two letters written to them back in October! Nowadays, we cannot fax them or in 99% of cases email them, either. They are hiding.
Now legally there is a very interesting point here. What HMRC are saying to any practitioner when they pull their agent registration without any notice is that the agent is guilty of a criminal act.
"A business must not trade without registering with HMRC under the regulations. Trading while not registered is a criminal offence. It may result in a penalty or prosecution." Quote from government's own website.
Now the last time I checked, in Britain a man or woman is innocent of a charge of criminality until and unless they are proven guilty beyond doubt. In France, of course, their system works under the Code Napoleon: i.e. one is guilty until and unless the individual is able to prove they are innocent beyond doubt.
However, clearly, HMRC are now acting as arresting office, judge and jury and applying a sanction. Nice.
Just imagine trying to explain why you as an appointed adviser were unable to file Joe the Plumbers' tax return on time! His attitude would be "Bloody accountants!"
A work around could be to instruct clients to register themselves for a reference and access: however how long would this take? HMRC are not noted for the speed of their response!
Final point; I would advise all affected to post necessary documents etc by Special Delivery in order that they have in their possession clear proof of delivery, against a signature.
Never mind 'suspending access', if firms are acting outside the law then HMRC need to go round and close them down. Many firms get by simply using client logins anyway.
Yes but any sane organisation (alright I know we're talking HMRC here) that aimed to deliver a project like this (one accompanied by the 'stick' of putting you out of business) would acknowledge the possibility of missed or incorrect targets being hit ... so would make sure that the plan had a 2nd leg (a clearly communicated and fully resourced channel through which such errors can be speedily corrected)!
[I'll skip over the laziness that's prevented them from looking at data already held.]
+1
As usual HMRC are shooting those stood up cos it is so difficult to find those real targets in the trench operating outwith their view by using clients gateways
So … which address are HMRC going to use to right to me? One of the ones that are 10 years old and can’t be changed on their system?
Am I the only one who’s actually a little worried that they won’t receive the letter?
I'd never thought of it but its a good point.
I'm in this position too, it's a bloody joke that they can't update my now defunct address.
So … which address are HMRC going to use to right to me? One of the ones that are 10 years old and can’t be changed on their system?
Am I the only one who’s actually a little worried that they won’t receive the letter?
I'm OK so long as they don't write to the address on my agent PAYE record, which I have also been trying to change for nearly 10 years!
I think CT is the only correct one they have for me. Poss PAYE but don't know. Defo not SA or VAT.
Maybe they'll send a letter for each agent code i.e. 4+ letters to each firm?
Not seen it yet. Surely it would be quicker for HMRC to check this to a list provided by the regulatory bodies....
exactly my thoughts. Also we are still regulated for audit so our headed paper states that so couldn't HMRC make the link to AML regulation with audit registration? We do still send them letters so they have copies of that.
Exactly - and couldn't the regulatory bodies actually have done something useful for their members for once, proposed this to HMRC and offered to supply the relevant information from their records.
Of course, that would mean HMRC having to check off the list themselves and the institutes having to do something to justify their exorbitant subscription and AML supervisory fees. Fat chance of either of those things ever happening.
I'll be so glad to get out of the bureaucratic morass that tax practice has become - and I won't be continuing as a retired institute member either!
Why in January? If it is to check up what was wrong with October or November?
They've got to do something with the people no longer manning the webchat.
They've got to do something with the people no longer manning the webchat.
What, all three of them?
Because that might smack of sensible and we know that government in any guise in any country do not do sensible
Will HMRC take the usual length of time to deal with correspondence? Could result in many agents being suspended even though they've replied
In my experience over the past 2 years, HMRC's turnaround time to answer post is 9 months. This is also what HMRC tell me when I telephone to chase. I have not received one of these forms, but when I do, my response will be copied by email to Jim Harra and also my MP.
I had this issue last November. I never received a letter from HMRC regarding AML compliance. They removed access to self assessment and CT from my agent portal so I couldn't submit any returns.
I rang HMRC and was told you cant speak to the agent compliance team, I would have to write a letter. I did so and sent in my practicing certificate which specifically states I'm regulated for AML by my professional body, CIMA
From now on I'm going to send my practicing certificate to HMRC every year.
I've had two letters and replied to both. Not sure what happened to the first one! At least HMRC are now using my correct address for PAYE agent matters three and a half years after I moved !
I have had certain services suspended in relation to this, despite replying, with, all the information requested. It took forever to find someone that was able to help me, only for them to say we have all your information I do not know what's happened!
Took around a week to get everything switched back on but with half of my client base missing.
There are no details to be able to contact HMRC, so several letters have been sent to the complaints department, but still no answer for their justification of almost ruining a small business (I have lost time, money and clients).
We were caught by this in December.
Letter in September asking for lots of info which we supplied (admitedly we missed they wanted written proof of AML supervision) Letter in October identical in every aspect to the first to which we replied stating that we had already replied.
Then nothing, until we are cut off without warning or notice in December.
Letter arrives 7 days after we are cut off to tell us they have cut us off, still no explanation as to why.
No email address, no phone number, they only deal in writing through Birmingham. Online services simply tell you to write in
Five working days is optimistic especially when you have no idea WHY you have been cut off.
Many formal complaints in of course, at least one of which has gone to second stage.
Oh, and if your company or any of the partners or directors owe any form of tax whatsoever they will not put you back on until it is paid.
The reality of "Working Together"
Do what I have done in desperation on two unrelated cases - I sent an e mail to the chief executive. Amazing how quickly things get resolved
Please send it to me also, as I have been waiting for replies to correspondence re AML for 3 years!!
Many thanks.
Please send it to me also, as I have been waiting for replies to correspondence re AML for 3 years!!
Many thanks.
Congratulations to the professional bodies for doing such a splendid job representing their members and the public's interests.
It's genuinely comforting to know that they are ahead of the game in ensuring that HMRC's more wayward and totalitarian inclinations are being moderated so effectively.
If you ever wondered how your hard earned prof subs were being spent you now know it wasn't on this and may instead be asking why bother with prof bods anyway.
Mrs Bennyworth I believe the floor is yours and your subject is "The Defence of the Indefensible".
I received the dreaded AML letter back in September, called up my professional body to check what evidence was needed only to be told that I didn't need to send anything in as HMRC will get in touch with them and confirm. How stupid of me to take this advice as correct.
CT and SA services suspended for 6 weeks, massive stress, many false horizons, complaints, phone calls....you know the rest.
Perhaps they can discount my membership fees this year??!