Tax Investigation and Fraud

CM chartered accountants has established a justifiable reputation throughout the United Kingdom and Europe for being skilful, hard but fair negotiators with all Government Agencies but particularly with HMRC. We understand the concerns and needs of people who are subject to investigation and act swiftly to take away these worries immediately, especially in the more serious cases being undertaken by members of HMRC Specialist Investigation offices.

John Green joined CM chartered accountants after 23 years service with the Inland Revenue, where he was responsible for the investigation of serious fraud and anti-avoidance schemes, often involving very large businesses and International taxation issues. If you find yourself subject to HMRC investigation of any kind the best protection possible for you is to have John and his team at your side.

John’s team of ex HMRC senior investigators from specialist high level offices have a well deserved reputation for achieving cost effective pragmatic settlements in investigations conducted by major Government departments. In addition to dealing with Civil Investigations they have considerable experience dealing with people subject to criminal prosecution for offences relating to fraud as well as those charged with tax and Vat offences. They are also the first in the country to develop strategies to help people facing Applications for excessive levels of confiscation under the Proceeds of Crime Act and have had considerable success redressing the balance for people subject to the draconian demands of that statute.

For further information please contact a member of our tax investigations team, [email protected]

A COP 9 investigation usually begins with an invitation from an Investigator who works in a Specialist Investigation office for you to attend a formal meeting at which the COP 9 principal will be explained to you. That principal in everyday language is that if you disclose any irregularities in your tax affairs and/or the affairs of any business that you have been associated with during the preceding 20 years and pay the outstanding duties, interest and penalties then you will not be prosecuted.

Anyone who receives such an invitation should seek specialist advice from CM chartered accountants’ experienced ex HMRC high level investigators urgently. It is worth bearing in mind that the Investigator cannot compel you to attend a meeting with him and if your accountant tells you otherwise seek our advice at once. Accountants tend to know that part of the Specialist Investigations team brief is to consider the actions of the accountant themselves when carrying out the investigation and this can deflect them from full concentration on your affairs.

The opening COP 9 interview is a structured formal affair and some very simple but very demanding questions are put to the person being investigated. The way in which the investigation proceeds is determined by the answers to those questions. The questions posed relate to both direct and indirect taxes and generally take the following form;

Question 1
Have any transactions been omitted from or incorrectly recorded in the books of any business with which you are or have been concerned whether as a director, partner or sole proprietor to the best of your knowledge or belief?

Question 2
Are the accounts sent to the HMRC for each and every business with which you are or have been concerned whether as a director, partner or sole proprietor, correct and complete to the best of your knowledge and belief?

Question 3
Are all the tax returns of each and every business with which you are or have been concerned whether as a director, partner or sole proprietor correct and complete to the best of your knowledge and belief?

Question 4
Are all of your personal tax returns correct and complete to the best of your knowledge and belief?

Question 5
Will you allow an examination of all business books, business and private bank statements and any other business and private records in order that HMRC may be satisfied that your answers to the first four questions are correct?
False statements can result in a criminal investigation with a view to prosecution.
These are clearly serious questions and a simple yes or no answer is all that is expected. The warning about the possibility of criminal investigation has to be taken very seriously and nobody should ever put themselves into the position of having to answer these questions without experienced support from a firm such as CM chartered accountants. If you have an opening COP 9 meeting scheduled you should contact CM chartered accountants at once. If you have undergone such an experience and the investigation process has not been completed you should contact us if you wish to ensure that you are not prosecuted and to achieve the least possible tax bill at the conclusion of your enquiry.
If you want to read the full text of the HMRC leaflet which sets out the COP 9 procedures click the following link.

• We also advise on;
  • Enterprise Investment Schemes (EIS)
  • Enterprise Management Incentives (EMI)
  • Research and Development Tax Credits
  • Capital Allowances Claims
  • Pension Scheme Contributions
  • Anti Avoidance Tax Schemes
  • Spin Off Companies
  • Film Scheme Tax Credits

For further information please contact a member of our team, [email protected]

CM chartered accountants began defending individuals who were subject to excessive confiscation applications as soon as the new legislation started to bite and now has a considerable amount of experience counteracting the excessive demands produced by overzealous police financial investigators who it is reported receive part of what they confiscate personally as a bonus.

Anyone subject to a POCA Application should ensure that their solicitor engages an experienced firm like CM chartered accountants to produce a Forensic Report in support of their case.

Recently we have completed Reports in case where;

a.The police investigator sought almost £500,000 and our Report reduced that to £13,000
b.The police investigator declared benefits of criminal activity of more than £6,000,000 and we concluded that there had been no proceeds of crime whatsoever.

In addition to success defending Applications for Confiscation, we have also acted in main stream criminal cases where the evidence against the defendant was dubious and secured outcomes for people who were at risk of prison but who had committed no offence. A recent example is a shop employee accused of stealing £70,000 from the employer. Following the presentation of our Report on the evidence the individual was not guilty.

Anyone who is subject to criminal charges in relation to any offence involving money or monetary value should ensure that their solicitor engage the services of a Forensic Expert such as CM chartered accountants.