You can challenge HMRC’s decision at the First Tier Tax Tribunal.
If you have dealt with HMRC direct whilst they have carried out an investigation into your affairs and they have arrived at a figure for tax, interest and penalties that you disagree with then there is redress through the First Tier Tax Tribunal.
HMRC, in order to put pressure on you, may issue an assessment which you might find mind boggling.
You have 30 days to appeal that assessment.
You’ve then got an opportunity to lodge the appeal with the First Tier Tax Tribunal.
But, let’s stop there.
What you should have done when you received the first letter from HMRC saying they were looking into your affairs is got a specialist on board who has experience in dealing with investigations.
We have the unenviable position of being one of the leaders in the field.
You would not be going to a First Tier Tax Tribunal disagreeing with HMRC over what tax is due, what interest is due and what penalties are due following an investigation.
We would agree, subject to your approval of course, what is payable – after making a proper disclosure report to HMRC – and agree the penalties which can be up to 100% of the tax due.
We like to think they can get it to 25% on most occasions and interest will follow the stat norm, however these matters need to be checked.
If there is a disagreement with HMRC, which is highly unlikely, then you are still able – via KinsellaTax – to make an appeal to the First Tier Tax Tribunal and it follows the usual route. This is a court of law, evidence is given, documents are provided, witnesses give their evidence and the Judge comes to a conclusion at the end of the trial. But that is something that you want to avoid because it is very costly, very time consuming and very, very tiring.
However, if the matter goes to the First Tier Tax or Upper Tier Tribunals you will be represented by one of our barristers who will be very carefully briefed about the whole case.
For advice on how to take your case to Tribunal, call us today, and speak to one of the team who will advise you how to avoid that situation.