Originally posted by BrilloPad
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Reply to: HMRC Asserts That Trusting HMRC is Wrong
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Previously on "HMRC Asserts That Trusting HMRC is Wrong"
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Lucky that HMRC cannot demand automatic payment notices. And have no proposals to take money directly from taxpayer accounts....
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Perhaps you need to put on your reading glasses? The point of this case was that HMRC weren't asked, but offered, and therefore the judges ruled there was a duty of care and a contract, and that HMRC could FOAD.Originally posted by AtW View PostLooks like the HMRC Office exceeded their authority, correct response would have been "We are not accountants, go away, we can’t help you".
No point whining about it - ultimate responsibility rests with the taxpayer signing tax return, asking HMRC to fill it in is the last thing anybody should do because there is no contract, no idemnity insurance to cover negligence, no duty of care etc.
NEXT!!!
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He didnt ask HMRC to fill it in, HMRC did it without being asked. And from reading the article that particular office has done it before. The guy rang HMRC for advice on completing his SA return, was offered an appointment at the local office, and went along. At no point did he ask or expect them to complete the return for him, they did it anyway.Originally posted by AtW View PostLooks like the HMRC Office exceeded their authority, correct response would have been "We are not accountants, go away, we can’t help you".
No point whining about it - ultimate responsibility rests with the taxpayer signing tax return, asking HMRC to fill it in is the last thing anybody should do because there is no contract, no idemnity insurance to cover negligence, no duty of care etc.
NEXT!!!
He didnt whine about it, HMRC whined when they realised it was wrong and took him to a tax tribunal to demand unpaid tax and penalties and then tried to justify it by saying the guy shouldnt have trusted them when he had no reason not to.
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Looks like the HMRC Office exceeded their authority, correct response would have been "We are not accountants, go away, we can’t help you".Originally posted by NickFitz View PostJOURNALS OF ROBERT MAAS: IS THIS THE SORT OF TAX AUTHORITY YOU WANT - PART 8
TL;DR: taxpayer asks HMRC for help with tax return; HMRC cock it up; HMRC take taxpayer to tribunal; HMRC claim it's the taxpayer's fault for trusting them. (Tribunal tells HMRC to GTFO.)
No point whining about it - ultimate responsibility rests with the taxpayer signing tax return, asking HMRC to fill it in is the last thing anybody should do because there is no contract, no idemnity insurance to cover negligence, no duty of care etc.
NEXT!!!
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Personally, bearing in mind the quality of some of the advice I have seen coming out of HMRC, I have a degree of sympathy with the apparent HMRC view that it is dangerous to rely on HMRC’s help, but I think it very improbable that that is what Parliament intended when it enacted the legislation.
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At least it ended in the correct result though....Originally posted by NickFitz View PostJOURNALS OF ROBERT MAAS: IS THIS THE SORT OF TAX AUTHORITY YOU WANT - PART 8
TL;DR: taxpayer asks HMRC for help with tax return; HMRC cock it up; HMRC take taxpayer to tribunal; HMRC claim it's the taxpayer's fault for trusting them. (Tribunal tells HMRC to GTFO.)
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HMRC Asserts That Trusting HMRC is Wrong
JOURNALS OF ROBERT MAAS: IS THIS THE SORT OF TAX AUTHORITY YOU WANT - PART 8
TL;DR: taxpayer asks HMRC for help with tax return; HMRC cock it up; HMRC take taxpayer to tribunal; HMRC claim it's the taxpayer's fault for trusting them. (Tribunal tells HMRC to GTFO.)Tags: None
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