Hansard
The vast majority of investigations carried
out by Inland Revenue Inspectors are dealt with by officers working in
the local tax office network. These investigations are usually resolved
by negotiation and if errors have been discovered will include the appropriate
taxes and National Insurance Contributions, interest and penalties. There
are some firms of accountants who are able to deal with these routine
investigations but generally it pays dividends to engage a specialist
firm like Cobham Murphy to assist your own accountant to achieve the most
cost efficient settlement with the Tax or VAT authorities.
The more serious cases are conducted by Inland Revenue Special
Compliance Office - known as SCO for short - who, amongst other investigations,
deal with cases of serious fraud. Serious fraud investigations are either
dealt with through the Criminal Justice system or under the Hansard procedure.
A Hansard investigation usually begins with an invitation
from SCO for you to attend a formal meeting at which the Hansard Extract
will be read to you. It is worth noting that the inspector cannot compel
you to attend a meeting with him and you should seek our advice if your
accountant tells you otherwise. The text that is read out loud gets its
name from the Hansard record of proceedings in the House of Commons; the
extract consists of the reply to a parliamentary question about the Board
of Inland Revenue's policy in relation to the investigation of fraud.
The Hansard text is:-
"The practice of the Board of Inland Revenue
in cases of tax fraud is as follows:-
1 The Board
may accept a money settlement instead of instituting criminal proceedings
in respect of fraud alleged to have been committed by a taxpayer.
2 They can give
no undertaking that they will accept a money settlement and refrain from
instituting criminal proceedings, even if the case is one in which the
taxpayer has made a full confession and has given full facilities for
investigation of the facts. They reserve to themselves full discretion
in all cases as to the course they pursue.
3 But in considering
whether to accept a money settlement or to institute criminal proceedings,
it is their practice to be influenced by the fact that the taxpayer has
made a full confession and has given full facilities for investigation
into his affairs and for examination of such books, papers, documents
or information as the Board may consider necessary.
There is no guarantee that the Inland Revenue will not prosecute but if
a full disclosure of irregularities is made the investigation will be
settled by negotiation of a money payment, which will normally include
taxes, interest and penalties.
The key to all Hansard enquiries is the full disclosure.
What does a full disclosure mean? It means telling the investigating inspector
about any taxable sources of income or capital gains that have not previously
been disclosed and about any omissions or understatements in accounts
or tax returns throughout your business life. The disclosure must include
all sources including sole trades, partnerships and limited companies
and cover all returns made to the Inland Revenue, not only personal, partnership
and company returns but also PAYE and benefits-in-kind end of year forms.
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