The following Personal Tax guidance note by Tolley in association with Lesley Fidler provides comprehensive and up to date tax information covering:
Dealing with the irregularities that may arise from an employer compliance check requires a good working knowledge of the applicable legislation and practice. Arguments based solely on concepts such as fairness and reasonableness are unlikely to carry much, if any, weight with HMRC and can unnecessarily prolong the period between the opening of the review and its conclusion. However, it should be borne in mind that although HMRC Officers see a wide range of businesses and are experienced in identifying areas where weaknesses commonly occur, they are not technical experts and can and do sometimes misinterpret legislation.
In addition, regardless of the contents of guidance and other explanatory material produced by HMRC, it is the legislation and supporting regulations that prescribe the law. Whilst guidance may be helpful, the standard statement in HMRC booklets still applies: “This guide sets out HMRC approach in applying legislation … The guide itself has no binding force in law and does not affect any right of appeal by either party.”
When the HMRC Officer is certain of his position, he will provide schedules of:
In the most straightforward cases, these will be issued under cover of a single letter alongside the notes of the meeting. In other cases, the schedules will only be prepared once further facts have been established.
These schedules need to be checked to ensure the computations are sound and based on the principles that have been agreed upon, eg scaling back to produce figures for earlier years, or whether the employer is assuming liability for the employees’ income tax and any other relevant agreements.
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