Disputes with tax authorities

HMRC (or the equivalent bodies in Scotland or Wales in respect of devolved taxes) may challenge tax returns for a number of reasons. Broadly, these can be categorised as Technical Enquiries or as Investigations, though there is no hard-and-fast division and at the margins there may be some overlap, and challenges to suspected Avoidance may combine elements of both.
I have long experience in all of these areas. I always aim to resolve disputes as quickly and as painlessly (both in terms of stress and financial cost) as possible.  According to the circumstances that may be by securing HMRC's agreement that no adjustment to the return is required, by negotiating the best available settlement, by use of Alternative Dispute Resolution or, if need be, by taking the dispute to the First-tier Tribunal, an independent appeal body.

Technical enquiries

Technical enquiries are where the main challenge is as to the correct characterisation of a transaction, receipt or expense for taxation purposes. Examples include:
  • Is an expense tax-deductible?
  • Is a receipt subject to tax?
  • Is the correct head of charge Income Tax or Capital Gains ?
  • What is the correct rate of tax?
  • Are the statutory conditions for a particular relief fulfilled?
  • Is a particular anti-avoidance rule engaged?
  • Does a particular piece of tax planning work as intended?
Bringing a case to a successful conclusion demands a combination of an intimate knowledge of statute and case law, familiarity with the tax authority's practice and guidance, and an ability to apply these in presenting the best possible and most persuasive case.

Investigations

Investigations are where there is a challenge as to the factual accuracy of records underlying a tax return, claim, accounts or other information submitted to HMRC. In serious cases there may be allegations of deliberate understatement or fraud ('tax evasion'), such that there may be a risk of publication on the 'Deliberate Tax Defaulters' list and the case may be worked by HMRC's specialist investigations unit under Code of Practice 9 rules.
Point-blank refusal to engage, though an understandable initial response, will almost always be counter-productive and, in the long run, costly.  Active engagement will be needed to critically review any allegations or assumptions made by HMRC, to address and if possible resolve any concerns arising and, if it proves necessary to concede that irregularities exist, to negotiate the lowest settlement attainable and the best possible payment terms.

Avoidance

Avoidance may be defined as the use of more or less artificial schemes and stratagems to reduce tax.  Where HMRC suspect that there may be a significant amount of tax at stake, especially in the case of widely-marketed tax schemes, enquiries may be worked by HMRC's specialist unit under Code of Practice 8 rules.  This is likely to encompass both a detailed technical examination of the legislation by which the scheme purports to save tax and also a careful review of the steps actually taken to implement the scheme. Although (unlike tax evasion) tax avoidance is not against the law, it possible that the enquiry may be converted into a Code of Practice 9 enquiry if HMRC consider that there has been any dishonesty in the way in which a scheme is implemented or reported.  In either case, specialist help is likely to be invaluable in drawing any enquiry to a satisfactory conclusion.