BN66 - Court of Appeal and beyond

[moira under the stairs]

Did anyone ever receive a response regarding copies of letters relating to HMRC opening enquiries? I sent one and havent heard a bean?

Not a peep

[DonkeyRhubarb]

If you don't get a reply, definitely send chasers.

My usual tactic when dealing with unresponsive organisations is to keep sending the same letter over and over, just changing the date and inserting a new line each time referring to the previous letter.

It's also worth sending them recorded delivery if you later need to file a complaint.

9th January 2012

Dear ...

I originally sent you this letter on 1st October 2011 and received no reply.

I then sent it to you again on 1st November 2011 and still received no reply.

I then sent it to you again on 1st December 2011 and still received no reply.

[SLB]

Did anyone ever receive a response regarding copies of letters relating to HMRC opening enquiries? I sent one and havent heard a bean?

I sent one mid-Dec but haven't heard a thing - can't say I'm surprised though. If they wanted a reponse from us we wouldn't be given so long to reply, one rule for them . . .

Will pop a chaser in the post this week.

[DonkeyRhubarb]

Returns opened under discovery

Just heard from someone who had one of their returns opened under discovery.

It may be a cockup but he's noticed that the amendments for this return have vanished from the HMRC online gateway. His other returns, which were not opened under discovery, are unchanged.

Has anyone else affected by discovery checked their online account recently?

You can register here:
https://online.hmrc.gov.uk

[bombaycat]

Did anyone ever receive a response regarding copies of letters relating to HMRC opening enquiries? I sent one and havent heard a bean?

Sent one in December nothing at all back yet.

[WhatEver]

Just heard from someone who had one of their returns opened under discovery.

It may be a cockup but he's noticed that the amendments for this return have vanished from the HMRC online gateway. His other returns, which were not opened under discovery, are unchanged.

Has anyone else affected by discovery checked their online account recently?

You can register here:
https://online.hmrc.gov.uk

Yep, I was affected by discovery for 01/02 and just checked online, sadly the dreaded numbers are still there

[DonkeyRhubarb]

Yep, I was affected by discovery for 01/02 and just checked online, sadly the dreaded numbers are still there

I firmly believe HMRC are on a hiding to nothing with these discovery assessments.

Have a read of the manual:
EM3255 - Reopening Earlier Years: Discovery in SA Years: Conditions

"the officer could not have been reasonably expected, on the basis of the information made available to him or her, to be aware of the underassessment when the enquiry window closed or a completion notice was issued."

How could they claim this when TE63 was published in July 2002. This even contains a section on page 2 telling officers exactly "What to look for".
http://www.whatdotheyknow.com/reques...Issue%2063.pdf

PS.

Some people have even received discovery assessments for later years where the tax return contained a Scheme Reference Number (SRN). In this situation there is absolutely no justification for discovery since the return identifies exactly which scheme is being employed, using HMRC's own reference number !!!

[bve534]

Discovery

Yep, I was affected by discovery for 01/02 and just checked online, sadly the dreaded numbers are still there

It looks like discovery is the new term for retrospective. Sound familiar to all those contractors called "disguised employees" as the Govt tried to ruin our lives. How low will they stoop?

[BrilloPad]

I firmly believe HMRC are on a hiding to nothing with these discovery assessments.

Have a read of the manual:
EM3255 - Reopening Earlier Years: Discovery in SA Years: Conditions

"the officer could not have been reasonably expected, on the basis of the information made available to him or her, to be aware of the underassessment when the enquiry window closed or a completion notice was issued."

How could they claim this when TE63 was published in July 2002. This even contains a section on page 2 telling officers exactly "What to look for".
http://www.whatdotheyknow.com/reques...Issue%2063.pdf

PS.

Some people have even received discovery assessments for later years where the tax return contained a Scheme Reference Number (SRN). In this situation there is absolutely no justification for discovery since the return identifies exactly which scheme is being employed, using HMRC's own reference number !!!

You are totally wrong. Both the above links have been retrospectively clarified. "We can do what we want when we want. Now up yours. And send your wife round to my place tonight". Please try to keep up DR

[DonkeyRhubarb]

You are totally wrong. Both the above links have been retrospectively clarified. "We can do what we want when we want. Now up yours. And send your wife round to my place tonight". Please try to keep up DR

Doh! I forgot that.