I've not had that email from AML either. Regarding the SA returns, I paid AML to do 2 of mine and I did the 3rd myself. They haven't asked for copies of these from me but did suggest that HMRC were time barred in a previous email although I don't think that will be correct.
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AM Limited COP8 HMRC Investigation Letter..
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AML comment on HMRC being time-barred where DOTAS number is on the tax return is worrying.
Does this mean if an accountant added DOTAS number on one tax return and forgot to add on someone else's tax return than the formal one will get away but the later one will be punished although one being on the very same scheme? Surely, how can this be right!
Should'nt it be case that AML was DOTAS registered and that is it?Last edited by SimonJones; 3 September 2015, 16:23.Comment
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Originally posted by SimonJones View PostAML comment on HMRC being time-barred where DOTAS number is on the tax return is worrying.
Does this mean if an accountant added DOTAS number on one tax return and forgot to add on someone else's tax return than the formal one will get away but the later one will be punished although one being on the very same scheme? Surely, how can this be right!
Should'nt it be case that AML was DOTAS registered and that is it?Comment
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Originally posted by DotasScandal View PostIt's not right, but I guess HMRC would tell you that at the end of the day, you are responsible for reviewing and authorizing your tax return - regardless of whether you prepared it yourself or your agent did.
So not knowing anything about DOTAS, and the accountant completes the tax return, one would only check that the figures recorded are correct.
Question is, if HMRC knew this was not rgiht, why didn't they tell us as a "Duty of care"?
I don't believe that HMRC could not work out from the tax return that the scheme was a DOTAS (where the DOATAS was not specified), this is because, how did they work it "now" (ie Without the DOATAS number)?Comment
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Originally posted by SimonJones View PostI bet not many people knew about the DOTAS 10 years ago, as many of us were told it was a fully compliant scheme. I bet, if the scheme advisors had mention it was a DOATS scheme, no one would have gone near it.
So not knowing anything about DOTAS, and the accountant completes the tax return, one would only check that the figures recorded are correct.
Question is, if HMRC knew this was not rgiht, why didn't they tell us as a "Duty of care"?
I don't believe that HMRC could not work out from the tax return that the scheme was a DOTAS (where the DOATAS was not specified), this is because, how did they work it "now" (ie Without the DOATAS number)?Comment
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Originally posted by SimonJones View PostQuestion is, if HMRC knew this was not rgiht, why didn't they tell us as a "Duty of care"?Comment
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"Because, once and for all: HMRC has no "duty of care" to you. Fact"
Couldn't that be challenged?
It seems that every other organisation including nasty Banks, utilities , railways etc do.
All those other organisations have been brought to book in court to provide a duty of care.
Why NOT HMRC?Comment
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Sorry, lets add pretty much all other government departments , including the forces and local authorities and the NHSComment
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Originally posted by cliffordthedog View Post"Because, once and for all: HMRC has no "duty of care" to you. Fact"
Couldn't that be challenged?
It seems that every other organisation including nasty Banks, utilities , railways etc do.
All those other organisations have been brought to book in court to provide a duty of care.
Why NOT HMRC?
Then browse the other threads on this very topic.Comment
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Originally posted by DotasScandal View PostBecause, once and for all: HMRC has no "duty of care" to you. Fact.
Oh hang on appeal. HMRC does owe a duty of care. Martin v HMRC http://www.taxjournal.com/tj/article...gligence-20982
It is certainly not universal, but it is a pretty high barrier to have any sucess.Comment
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