No To Retro Tax – Campaign Against Section 58 Finance Act 2008

[BrilloPad]

Because they are ill-informed.

In some cases HMRC will have accepted settlement in the knowledge that they were on very dodgy ground eg. where the person's self-assessment return included a DOTAS scheme reference number. There is existing case law (Charlton) covering this:

HMRC not entitled to discovery assessment | AccountingWEB

Does this mean some people payed a reduced settlement? Or am I reading this wrongly.

[swede]

Template for requesting copies of correspondance.

Does anyone have an example of a letter which they have successfully used to get hold of copies of correspondance from HMRC?

[DonkeyRhubarb]

Does this mean some people payed a reduced settlement? Or am I reading this wrongly.

I doubt HMRC would have accepted anything less than the full amount + interest.

[DonkeyRhubarb]

Does anyone have an example of a letter which they have successfully used to get hold of copies of correspondance from HMRC?

SUBJECT ACCESS REQUEST

NI Number:

Date

Dear Sir,

I am writing, under the Data Protection Act, to request copies of all correspondence HMRC have sent me since 2002.

I look forward to hearing from you shortly.

Yours faithfully,

[bollox]

SUBJECT ACCESS REQUEST

NI Number:

Date

Dear Sir,

I am writing, under the Data Protection Act, to request copies of all correspondence HMRC have sent me since 2002.

I look forward to hearing from you shortly.

Yours faithfully,

Do you have to explicitly ask for correspondence ? i did a request a while back but didnt get copies of correspondence it was all screen dumps from their computer system - i'm optimistically hoping that its all been lost in some terrible c@ck up and not that they just didnt send it....

[BrilloPad]

SUBJECT ACCESS REQUEST

NI Number:

Date

Dear Sir,

I am writing, under the Data Protection Act, to request copies of all correspondence HMRC have sent me since 2002.

I look forward to hearing from you shortly.

Yours faithfully,

Where do we send that to? Is there a postal address?

Thx

[DaveB]

Do you have to explicitly ask for correspondence ? i did a request a while back but didnt get copies of correspondence it was all screen dumps from their computer system - i'm optimistically hoping that its all been lost in some terrible c@ck up and not that they just didnt send it....

With FOI requests you have to be very explicit about what you ask for as the usual response it to give you literally what you asked for and nothing more. They can also use overly broad requests (in their opinion) to deny them on the ground that it would take too long/cost to much to provide it.

If you asked for copies of the information they held about you, that is what you will get. The information they have about you (name, address DOB etc). You wouldn't get copies of corespondance because that doesnt count as information about you as an individual.

[DonkeyRhubarb]

Where do we send that to? Is there a postal address?

Thx

Don't tempt me.

I would send it to the office that you most recently received correspondence (eg. closure notice) from regarding the scheme. This will probably be a Special Investigations office.

[DonkeyRhubarb]

PS. I used this on-line form but I don't know if it still works.

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

[ASB]

This may be useful.

Find out how to request your personal information | ICO

DaveB has highlighted some of the pitfalls. It is down to you to specify what information you require.

Perhaps:-

- Copies of all correspondence both electronic and printed between us
- Copies of all internal memos which reference me in any form
- Copies of all internal emails which reference me in any form
- Transcript of all telephone records from me to you
- Transcript of all telephone records from you to me

Referring also to a particular call for example can also be useful. They will of course know you have some records and that if they are not located and forwarded then there may be a very simple argument with the ICO for non disclosure if they don't send you something you already have.

Of course a counter side might before them to provide nothing on the basis of it prejudicing their upcoming criminal case.