If HMRC open an investigation into your tax or VAT affairs they will almost always ask you to attend an interview.
Our advice? Don’t go.
We believe that attending a HMRC interview, whilst under investigation, is not in your best interests. We advise against attending, especially on your own.
There is no law stating that a taxpayer must attend except in two particular types of tax investigation.
In an Code of Practice 9 investigation it is necessary to attend a formal HMRC interview.
Under criminal tax investigation you are required to attend an interview, but it is absolutely vital you have legal representation, as it is conducted under the Police and Criminal Evidence Act (PACE) 1984.
Apart from the above types of investigation, you have no legal obligation to attend an interview at their offices or to allow them to come and visit you.
If HMRC send you a letter stating they are opening a tax enquiry into your tax affairs, they almost always invite you to attend an interview.
At KinsellaTax we do not believe that attending HMRC interviews are in the taxpayers interest, therefore we would advise against attending an HMRC interview on your own.
There is no legislation stating that a taxpayer must attend an interview with HMRC, except in certain types of cases.
Very few accountants and solicitors are strong enough to tell HMRC that their clients will not attend an interview.
At KinsellaTax all cases will be dealt with through correspondence via our offices.
In a Code of Practice 9 tax enquiry it is necessary to attend an HMRC interview but it is essential, in our view, to only answer the 9 questions put to you and nothing more.
Under a Section 144 enquiry it is also necessary to attend an HMRC interview and you must ensure you have legal representation as the interview is conducted under the Police and Criminal Evidence Act (PACE).
This HMRC interview is necessary but you must be properly represented.
However, in other cases there is no need to attend an HMRC interview.
There is no legislation stating that you must attend an interview at an HMRC office or you that you must allow HMRC to come and visit you.
If you are under tax investigation by HMRC you should always deal with that tax enquiry through a representative, like KinsellaTax.
Call KinsellaTax TODAY on 0800 471 4546 to deal with HMRC on your behalf.
Very few accountants are strong enough to tell HMRC that their clients will not attend an interview. In the majority of cases, it is because they do not know that attending a HMRC interview is not a legal requirement.
We will always keep you up to date on how your investigation is progressing but once we have control, HMRC will have no more direct contact with you.
The moment you receive a letter from HMRC informing you of their intention to open an investigation is the moment to pick up the phone.
Call our specialists on 0800 471 4546.