We were approached by an individual who had been subject to various information requests including a £300 penalty for not complying with the information notice and the threat of a further £1,800 penalty (£60 x 30 days) if he did not provide the information in 10 days from when we were approached.
We appealed the penalty and put in a late appeal against the original notice and pointed out to HMRC why all of the remaining questions were not reasonably required to test our client’s tax position. In addition, HMRC had been very aggressive with our client and we also pointed out this unnecessary behaviour.
Having considered our representations and our appeals HMRC agreed that the requirement to provide information and documents had been met and cancelled the penalty. In addition they became stopped being aggressive and we were able to work towards settling matters.
HMRC issued an information notice to a business asking 90 questions with regards to a request for information and documents. We were approached by the accountant to assist and engaged in correspondence with HMRC pointing out what the law and their own instructions stated and asking them to justify while the information and documents was reasonably required to test the tax position. After a meeting with HMRC it was agreed that these would be restricted to 10 questions. This save many supplementary questions from HMRC.
HMRC had asked an individual to provide information and documents for a period outside of the year into which they had a tax return. We were engaged by the individual (via their accountant) to deal with HMRC’s information request and got them to agree at that point they were not legally entitled to issue an information notice and also restricted the number of items they requested for the year HMRC were allowed to ask for information and documents.