HMRC - HMRC accusing me of using an "aggressive avoidance" scheme
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If HMRC are incorrectly accusing you of using an “aggressive avoidance” scheme, you should contact them to inform them of the situation. “Tax avoidance” is the way in which some people use loopholes to avoid paying full tax on their income. The HMRC is allowed to target these individuals by demanding “accelerated payments” – and the law gives them the right to look back as far as 20 years if it thinks you’ve deliberately avoided tax.
If you’re found to be innocent of using a tax avoidance scheme, you’ll be issued a refund. However, HMRC will normally demand that you pay up before this happens.
You should know- You should always try and resolve any problems with HMRC by talking with the person who has been dealing with you first.
- If this is impossible or has not resolved your issue, you should use Resolver to contact them.
- HMRC operates a tiered complaints system. Complaints will go through two tiers of service.
- If you are still unhappy, you can ask your MP to escalate your complaint to the Parliamentary and Health Ombudsman.
If you believe HMRC has not correctly followed procedure, it's always worthwhile to consider contacting them via Resolver. HMRC may offer compensation for any distress, delay, damage caused, or costs incurred by HMRC (such as the cost of having to hire an accountant).
It's worth knowing that HMRC have the right to take enforcement action to reclaim any debts (under certain conditions).
You should be aware, however, that HMRC field agents have no right of seizure. They might take note of the things you have (your assets), but they can't take any on the spot.
HMRC can level penalties for late payment. It's always worth contacting HMRC if you believe you might have been incorrectly penalised (or if serious circumstances stopped you from paying on time). HMRC will often consider any reasons you might have for late payment.
You should try and correct any mistakes with your tax as soon as possible.
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