Edge EBT thread

[webberg]

Look up time limits for discovery assessments and compliance checks on the hmrc.gov.uk website.

Time limits for discovery assessments also depend on whether a DOTAS or other adequate disclosure was made on the relevant Tax Returns.

Time limits for compliance checks can also vary if the Tax Returns were submitted late.

I'd agree with Mr Perry in most respects.

the key point is that HMRC may have a discovery assessment (and thus opened a year) when in fact that should have been prevented from doing so.

Warning however. This is a very complex area and a challenge to HMRC will inevitably lead them to saying they are on solid ground.

I suspect that your provider group has a standard letter to HMRC for this and you should use that if possible.

[StrengthInNumbers]

Exactly. Even after full disclosure and being out of time, HMRC are digging their heels in. They know they can and force you to pay through an APN. You need a tax advisor if you don't already have one to handle this with HMRC.

And also be aware HMRC will lie if they have to. To me they informed I have a discovery for another year and I was like what? Never showed online as payment due and never got a letter. Asked HMRC to send me a copy and lady says " oh discovery letter was on the file but was not sent to you ".

If you tell HMRC that you are going to record the conversation they will not agree.

Basically I think they have a clear remit from political bosses to collect as much as possible using the weapons they have been given. Whether valid or not, fair or unfair or legal or illegal will be decided later and will be another governments problem. Right now this collect will contribute toward current election winning policy announcements.

[andyc2000]

Hmmm - I can't find the section about discovery time limits - I think it's been 'doctored'...:

SALF410 - Enquiries into Tax Returns: procedures for making HMRC Assessments


SALF410 - Enquiries into Tax Returns: procedures for making HMRC Assessments
Section 30A

The procedures for making HMRC assessments are in Section 30A.

[StrengthInNumbers]

Edge EBT thread

Discovery is 4 years from the end of financial year.

Enquiry is 12 months from the date return was filed.

6 years from end of tax year if HMRC says carelessness

20 years if fraud

[EBTContractor]

Discovery is 4 years from the end of financial year.

Enquiry is 12 months from the date return was filed.

6 years from end of tax year if HMRC says carelessness

20 years if fraud

The Edge discoveries should be invalidated.

No new info has come to light and everything has been declared.

[StrengthInNumbers]

Lots SHOULD BE but HMRC are not going by that moment. Right now is what the boss wants it to be.

[Living life on the Edge]

I'll contact them and get one of their work experience guys to crunch my numbers.

Would you care to elaborate what you mean by this statement? Don't you have an accountant? I believe you will find - if you care to do some research of your own - that neither of these groups will 'crunch your numbers'.

[parallelmonogamist]

I meant they would give me a figure of what they think I owe. Then clearly I will do my own sums. :-)

[evildrome]

The Edge discoveries should be invalidated.

No new info has come to light and everything has been declared.

That would be my feeling as well.

Its a question of how to put that to HMRC without them employing the "Yah boo sucks, its our ball" legal argument of which they are so fond.

[DonkeyRhubarb]

That would be my feeling as well.

Its a question of how to put that to HMRC without them employing the "Yah boo sucks, its our ball" legal argument of which they are so fond.

HMRC would probably make you take that to the FTT.

Even if you win they'd appeal to the UT, Court of Appeal, Supreme Court.