Enquiries into Tax Avoidance: Code of Practice 8
HMRC will investigate suspected tax avoidance. The Tax Avoidance Disclosure (TAD) rules mean that new solutions are usually notified to HMRC quite soon after implementation and taxpayers are given a reference number to enter on their tax returns. Consequently most users of tax planning will receive a HMRC enquiry.
It has been HMRC’s recent practice for the users of the same planning to be investigated by the same Inspector or team of Inspectors. This means the Inspector acquires expertise in the planning and familiarity with the various issues and arguments. It also means HMRC tend to take a consistent approach.
Many of these investigations will be conducted by HMRC’s Specialist Investigations (SI). These teams are composed of specially selected and trained Inspectors with extensive experience of investigations, interviews and negotiation. They are likely to use HMRC’s information powers to the full. These investigations are conducted under Code of Practice 8 (COP 8).
We have the experience, resources and skills to represent you in what can be a difficult and demanding time.
Our approach is geared to achieving the best result for you as quickly as possible. While we aspire to a productive relationship with Inspectors of Taxes we will present your case vigorously and robustly. At all times you will be kept informed of developments and options for settlement will always be clearly explained to you.
We will:
- advise on whether you should attend meetings with HMRC
- advise on what information and documents should be submitted to HMRC
- Conduct correspondence with HMRC and meet with Inspectors
- Advise if HMRC suggest a penalty is due
- Advise on negotiation and litigation
- Advise on whether it is worth having an appeal heard before a Tribunal
- Conclude the enquiry
For further information please contact Iain Macleod on 0115 983 5580 or mobile 07920 146800 or email Iain at imacleod@edftax.co.uk
