Chapter 24-26 Flashcards
Errors in business: who should be informed as soon as possible?
senior colleauge
if HMRC make an error?
may be able to get compensation from them
stages of authorisation to disclose when correcting errors in business?
internal discussions, escalation within business-oral advice-external advice, advice given in writing of consequences of failure to disclose
if authorisation to disclose is not given?
consult whistleblowing procedures, consider making mrl report, take legal advice, consider if should still be associated with the business
if hmrc has sent an overpayment to the business?
must be returned to hmrc as soon as practicable-cant act without authority=need to follow business procedures.
what is client data?
all information relating to clients, held by a member in any form
for informal request for data (from HMRC) where member no longer acts for the client?
Should send on to client or new agent
formal data requests?
termination of the professional relationship does not affect the members duty to comply with the request where legally required to do so.
where oral enquiry is made by hmrc?
member should consider asking for it to be put in writing so they can agree their response with the client
what should a member advise their client about formal requests?
of the right to appeal and the consequences of failure to comply
what does a formal request override?
duty of confidentiality (non compliance=civil or criminal penalties) (NOTE-only if approved by the FTT)
what should not be provided when responding to a notice?
information or data outside the scope of the notice
if hmrc are trying to get into a business premesise?
seek immediate professional advoce
what is most common statutory notice issued?
under schedule 36 FA 2008 (civil enquiries only)
schedule 36 notice can only be issued when…
it is approved by the FTT
can the sc 36 deadline be extended?
yes-should request this well before the deadline
does sch 36 allow hmrc forced entry?
NO-client can refuse but only where they have good reason
does sch 36 override legal professional privilege?
No
does advice from a tax adviser who is not a lawyer have legal privilege?
No
what does litigation privilege cover?
data created for the dominant purpose of litigation (must not arise in respect of non-adversial proceedings)
does litigation privilege cover advice given by a tax adviser?
Yes
If a member is in dispute with HMRC regarding their own tax affairs?
May wish to consider engaging an agent to represent them
neglect of members own tax affairs could bring them into doubt with who? (which professional body)
HMRC
