Tax

HMRC Penalties

HMRC Penalties

HMRC can issue Civil Evasion Penalties, of up to 100% of the amount evaded if you are found liable.

Directors of Limited Liability Companies can be issued with a penalty that they are liable to personally pay.

We can assist you in determining whether you are liable in the first instance and if so to mitigate the penalty by up to 40%.

For more information on our track record of success and Penalties, please read our CASE STUDY – Successful VAT Penalty Notice Appeal here.

HMRC Internal Appeals

We encourage our clients to resolve a dispute though negotiations with HMRC or by requesting reconsiderations and internal appeals. It is important to appeal a HMRC decision within the prescribed period. A properly formulated appeal based on legal rights obligations and merits can save you lots of time, stress and inconvenience.

If your accountant or tax advisor is dealing with the HMRC internal appeal route, please do contact us for a second opinion as it is important not to compromise your position. Our knowledge on the law could mean that we may be able to suggest a more favourable option or interpretation.

Contact our Litigation Solicitors:

Monarch Solicitors can provide expert legal advice in a wide range of matters regarding HMRC penalties.

If you would like to enquire about any matters regarding HMRC penalties please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.

Alternatively, please call our litigation solicitors in Manchester on 0161 820 8888 for a no obligation discussion.

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FAQ

Most frequent questions and answers

There are three main types of tax investigation that are carried out by HMRC. These are often referred to as a Section 9A enquiry, a Code of Practice 8 (COP8) and Code of Practice 9 (COP9). They are not criminal investigations and don’t always lead to criminal prosecution. However, HMRC can start criminal investigations and prosecution if you don’t comply or they find evidence of serious offences.

  • Most civil tax investigations end with you and HMRC agreeing on how much tax and how much of a penalty you should pay. If you can’t reach a mutual agreement and disagree with HMRC’s decision on the case, you can make an appeal and begin litigation in either civil court or a tribunal. If HMRC starts a criminal investigation against you and finds evidence of criminal offences, you may have to go to court to face criminal prosecution.

If you’re unhappy with the outcome of the HMRC investigation, you can request an internal review. This can either confirm or change the figures of the original investigation. Following that, you can appeal the decision in a civil court or tribunal. During litigation, you and HMRC present evidence for your different tax calculations. The court or tribunal will decide on the correct tax figure. If they find that you’ve underpaid, you’ll get a deadline to pay the difference, plus interest and a penalty payment. You may be allowed to make payments in instalments. If you fail to make any required payments, you may face criminal prosecution.

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