AM Limited COP8 HMRC Investigation Letter..

[ads1980]

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.

[SimonJones]

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?

[DotasScandal]

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?

It'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.

[SimonJones]

It'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.

I 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)?

[LandRover]

I 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)?

Agree on "Duty of Care". I would be annoyed that Chartered Accountants who advised clients to use these schemes didn't correctly complete Self Assessments correctly. Imo Accountants who didn't add DoTAS to self-assessment returns should be brought to justice and sued for negligence. The emphasis on an individual being solely responsible for their returns is cop-out for tax advisers and accountants and have got away with it for too long.

[DotasScandal]

Question is, if HMRC knew this was not rgiht, why didn't they tell us as a "Duty of care"?

Because, once and for all: HMRC has no "duty of care" to you. Fact.

[cliffordthedog]

"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?

[cliffordthedog]

Sorry, lets add pretty much all other government departments , including the forces and local authorities and the NHS

[DotasScandal]

"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?

Start here

Then browse the other threads on this very topic.

[ASB]

Because, once and for all: HMRC has no "duty of care" to you. Fact.

Hmrc doesn't owe a duty of care. Martin v HMRC The tax man can do no wrong | New Law Journal
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.