EXPERTISE
Under Investigation?
If you have received a letter from the HMRC Fraud Investigation Service which refers to Code of Practice 8 or 9, then the likelihood is that you are under tax investigation. For advice and representation, call us today on 020 8341 1365.
Here is what you can expect and how we can help you.
When HM Revenue & Customs suspect tax fraud or evasion they will initiate an investigation. They may pursue this through a civil process (known as COP 9) that removes the threat of criminal prosecution or via a criminal investigation.
Although these processes are very different, your starting point should always be to seek out advice and representation.
Process
HMRC’s civil procedure centres around a disclosure report you will be asked to prepare, setting out any irregularities in your tax affairs. Before this, HMRC will ask to meet and question you on all aspects of your financial history. If you are selected for a criminal investigation, HMRC will unilaterally undertake their investigation (often involving record confiscation). You will need a solicitor to represent you through the legal process.
COP8 and COP9
Code of Practice 8 covers an investigation across all your business dealings and tax affairs and is used where tax fraud is not suspected. Where fraud is suspected, Code of Practice 9 assures you of protection from prosecution in return for your full cooperation. Expect HMRC to look back 20 years in these circumstances.
Civil and criminal investigations
Whether the investigation into your affairs starts out on a civil or criminal basis, it is important to bear in mind that it may change some way through. This will depend, for a civil matter, on whether HMRC have reasons to doubt your level of cooperation, and, for a criminal case, whether HMRC are satisfied that there are mitigating circumstances.
Meetings and cooperation
HMRC will expect you to disclose your historic business affairs and will, therefore, ask to meet with you on a number of occasions to question you. Should you be charged with tax evasion, your legal advisor will likely communicate with HMRC on your behalf.
How we can help?
Review
Listening to you is the first task. We can then hold an initial conversation with HMRC to present your position and explain any circumstances that benefit you.
Develop your argument
Preparing a disclosure report will involve reviewing your historic records and dealings. Your statutory rights are not affected by an investigation, and you do not have to agree with HMRC. We are here to advise you when to, and when not to challenge them and how to ensure your position is defended. In a criminal investigation we will work alongside and support your solicitor in areas covered by our expertise.
Representation
Our role is to guide, advise and represent our clients, before, during and after meetings with HMRC, and in all correspondence and communication with them to ensure that your arguments are heard and that your legal rights are asserted.
Call us on 020 8341 1365 or email admin@foxsharertax.com to discuss the letter you have received or the investigation you find yourself under, in complete confidentiality