Originally posted by costo
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I'm not sure what constitutes an open enquiry, but the only letter I have had from them before the Settlement Opportunity letter was in 2009 saying they were checking my Self Assessment for 2008. -
Sounds like an open enquiry for 2007/08. And they saying you don't owe anything?Originally posted by bhavvy View PostComment
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Sounds like HMRC are sending out generic e-mails to anyone who might fit the bill, presumably to get the 'not quite as low hanging fruit' they they didn't get when they sent the first round of demands out.Comment
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She started saying that I owed x amount for those two years and then when I informed her that I declared all loans correctly on my SA and P11d, she said went off to check and the informed me that I did and didn't owe anything. Very strange. I just hope the letter from her comes through.Originally posted by dezze View PostComment
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Bhavy, do you still have that letter? if you can find it and let us know what it said? e.g. does it mention COP8 on it? What your suggesting has some important implications... as it sounds like you had a open enquiry and yet HMRC are saying they are not pursuing it??Originally posted by bhavvy View PostComment
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Remember... HMRC are reading these postsComment
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Does anyone know what constitutes an open enquiry? On the letter I received for the settlement opportunity, the Enquiry Ref field is blank. Does that mean I dont have any open enquiries? (I haven't contracted since 2007/08)
The people who phoned and were told they owed nothing, were their enquiry ref fields blank?
Apparently these numbers start with s ‘CFS, CFSS or CFSC’. I dont have these refs. and they weren't on my original letter they sent stating "Check of Self Assessment Tax Return" for 08.Comment
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An open enquiry is where either a return/claim has been submitted and HMRC has informed you, in writing, within the relevant time limits that they are or will be making enquiries into the entries on that return/claim, or where HMRC has issued an assessment or a closure notice and an appeal has been made that has yet to be abandoned or agreed.Originally posted by Oldcontract View Post
A 2007/08 return/claim had a filing date no later than 31/1/09. HMRC had until 31/1/10 to advise you of an enquiry (in normal circumstances). If your return/claim was filed after 31/1/09, the deadline extends to 12 months after that.
If you have not had notice of enquiry within that period, chances are that you are now outside HMRC's jurisdiction for that period UNLESS they issue a discovery assessment or can prove fraud.
Discovery used to mean that HMRC uncovered more information about a return/claim which rendered their initial decision untenable. That has been widened in more recent times to include situations where HMRC decides that although they had enough information, they have "discovered" that their view was incorrect. Unfortunately challenges to discovery assessments have been knocked down by Courts who appear to be anxious to support HMRC, often mangling logic in the process.
Fraud claims would normally be preceded with an interview/letter which includes one of the notices about the process. These have been variously COP 8/9 notices. You would know if you've had one.
I suggest:
Write (do not call) a letter or email to HMRC asking them which, if any, years are "open" asking for evidence from them of that fact.
Do not volunteer information about which schemes you were part of.
Do not give them a history of which schemes (including going ltd) you may have used in the past 10 years.
Keep is super simple and ask one question.Comment
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I'm intrigued as the letter i received simply states Arrangements used up to 5 April 2011
I recall one letter of enquiry to the scheme that the umbrella dealt with which may constitute and open enquiry but nothing else. This according to my accountant could allow HMRC to go back more than the 6 years if they have an open enquiry lodged.
So is everybody else receiving specific letters for specific years or are they also genericComment
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