The following Owner-Managed Businesses guidance note by Tolley in association with Simon Oakes provides comprehensive and up to date tax information covering:
HMRC’s litigation and settlement strategy (LSS) governs how HMRC conducts civil law disputes. ‘Disputes’ in this context is given a wide meaning as explained below. The LSS covers most of HMRC’s compliance activity but does not apply to criminal investigations.
Advisers need to be aware of the LSS because it set out a series of generic principles that govern how HMRC intends to conduct civil disputes to ensure this is done proportionately, in a way that minimises the number of ongoing disputes and within the law. The LSS, and its attendant commentary, is drafted in sufficient detail to provides a ready means of holding HMRC to account (eg through its complaints process) if during any dispute HMRC fails to follow these principles.
Special considerations might apply for disputes involving NICs, PAYE or VAT. This is due to the possible implications for an individual’s contribution record in the case of NICs, and the tax treatment of other taxpayers in the case of PAYE and VAT disputes. Therefore, the LSS should always be read in conjunction with the HMRC published operational and policy guidance that applies to the particular dispute in question.
This guidance note:
The current wording of the LSS can be found on the HMRC website .
A comprehensive commentary / guidance for HMRC staff on the current LSS can be found on the HMRC website .
The main points for advisers to take away from the HMRC guidance are
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