Just because a dispute with HMRC isn't resolved during the course of an enquiry or investigation, it does not mean that you have to accept HMRC's conclusions and decisions. There are routes available that enable a continued attempt to settle matters.
During HMRC enquiries, there may be a time when both sides feel that they have a strong case and a resolution is not possible through informal discussions. Sometimes unresolved tax disputes are unavoidable and it is important that you or your clients know the procedures available should HMRC decide to issue formal assessments.
The first step on this route may be requesting a review by a member of HMRC who is independent from the inspector who has made the initial decision or assessment. As this review is conducted by another member of HMRC, it is very important that the way in which the review is requested and the information that you provide gives you the best possible chance of success.
We are also advocates of the Alternative Dispute Resolution (ADR) process, finding the mediation process a very useful way to enable disputes to be resolved without the cost and stress of taking the dispute to Tax Tribunal. By working through the dispute with a third-party mediator, our experts have had great success in refocusing matters and making progress towards a conclusion.
Should neither an independent review nor ADR prove successful, we recommend that you are not discouraged. Rather, our experts provide vast experience in dealing with appeals to HMRC when we do not agree with the way in which HMRC are seeking to conclude matters. HMRC can and will make mistakes and there are many valid grounds to appeal against decisions and assessments.
Link example successful appeal.
We take pride in knowing that our experts have a wealth of experience in all areas of tax disputes, from both the side of HMRC as senior tax inspectors and also in defending clients in private practice. By discussing your circumstances in a non-judgemental atmosphere with our specialists, we can give you detailed advice throughout the process.
Even if you do not eventually use The Tax Faculty, please do seek professional advice at an early stage. If you or one of your clients have received a decision or assessment from HMRC that you do not agree with, please do not start seek advice from professionals with the relevant experience in disputing HMRC decisions.
In addition to dealing directly with individual clients who are faced with the review or appeals proceedings, our specialists have a proven track record of assisting independent practices in dealing with such proceedings for their clients.
Our experts number industry award-winners for the way in which they approach reviews and appeals, making The Tax Faculty the best place for pragmatic advice. All initial consultations are free of charge as we know how confusing and complex reviews and appeals can be, therefore we want to be sure that we are best placed to assist before you commit to our services.
Have you or one of your clients received a COP9 letter from HMRC? Before you respond to the letter, please contact us as soon as possible so that we can make sure that you take the necessary steps to ensure that any response is correct, complete and most importantly does not prejudice the future of any resulting investigations.
HMRC have incredibly strict deadlines by which you must reply and your response must be adhere to HMRC's strict criteria, so it is very important that you take expert advice as soon as possible.