Tax enquiries - compliance checks

What triggers an HMRC compliance check?

Compliance checks can either target a particular aspect of your tax return (known as an aspect enquiry), such as a claim for relief or a specific item of income, or they can be a full enquiry into all areas.

HMRC rarely selects cases at random. More than 90% of investigations will be initiated because HMRC holds information suggesting something is wrong, although they may not admit this from the outset.

What are HMRC's powers?

HMRC will often request information and documents to establish whether you’ve underpaid tax and to understand the behaviour that led to your underpayment. Such requests can be onerous, and if you don’t have the knowledge or confidence to challenge HMRC’s requests, you could find yourself subject to what can only be described as a ‘fishing expedition’, where HMRC take advantage of your willingness to cooperate. Where a business is involved, HMRC can also ask to inspect the business premises.

These compliance checks can be extremely disruptive and stressful for individuals and businesses. Appointing the right advisor to deal with HMRC on your behalf will allow you to continue to focus on developing your business and lead to a quicker resolution of your case.

How long will the compliance check last?

There’s no set limit for how long a compliance check can last as everyone’s circumstances will vary. Some cases can be dealt with swiftly if managed correctly, while others can spiral out of control and last many years if they haven’t been pro-actively managed. 

Under their own charter, HMRC have a duty of care to taxpayers for their enquiries not to become protracted. If you’ve any concerns about the duration of an ongoing compliance check seek, specialist advice. 

HMRC compliance check penalties

Once an enquiry has been resolved, HMRC may impose penalties. The level of penalty will depend on the behaviour that led to the inaccuracy in the return and the level of cooperation that you’ve shown throughout the enquiry. Further information relating to penalties following the conclusion of an enquiry can be found here.

How we can help

When considering appointing specialist representation, advisers and taxpayers should ask themselves these questions:

• Do you feel comfortable dealing with HMRC?
• Are you able to manage and control HMRC or have you now lost control?
• Do you have up-to-date knowledge of HMRC’s powers?
• Are there any errors in your tax affairs that you should disclose?
• Are you concerned about being publicised as a tax evader?
• Can you restrict the extent of information you provide to HMRC, without adversely affecting the extent of your penalty mitigation?

If you choose to get specialist advice from Buzzacott, we’ll:

• Carry out a comprehensive review of your compliance check to ensure we’ve a full understanding of the issues and risks you’re facing
• We’ll work with your existing adviser, if you have one, and prepare a strategy going forward to minimise your potential exposure to unnecessary tax, interest and penalties
• Should a disclosure be necessary, we’ll present this to HMRC to ensure that you’re treated fairly and proportionately
• Aim to fast track your compliance check to resolution and closure of all issues at minimum cost and disruption to you.

For more information on the above or to speak to one of our specialists, please fill out the form below and we’ll be in touch to arrange a good time for a phone call to discuss your requirements. All communications are in the strictest confidence.