It has now been a year since HMRC introduced the internal review system which was intended to be a bridge between the case worker and the First Tier Tribunal in cases such as tax investigations, employment status cases and HMRC penalties to name but a few areas. Initially viewed with suspicion, and still to a certain extent, HMRC have published figures on the process to date.

Unrepresented tax payers have been relatively enthusiastic to use the system, probably on the basis of what have they got to lose – this made up 81% of those using the system. There are however strong distinctions to be drawn between automatic penalty cases where approximately half were cancelled compared with those that are far more substantiative. Even the latter category showed that about 25% were either cancelled or varied – so there is a definite moral here – don’t reject the internal review system out of hand it can be a useful process if dealt with correctly you just need to make sure the person dealing with your case understands the process. So, if you need advice call us today on 0800 917 9176

For all those delightfully naive people out there who have not really come across the relentless, never ending and ultimately for what – type of tax investigation, then welcome to Larkstar. This case lasted SEVEN YEARS and included a Tribunal and a High Court Hearing, then back to the Tribunal all costing millions of taxpayers money (remember we all pay for HMRC and their actions). The result was that the case was closed with HMRC getting approximately £10, yes £10 it’s NOT a typo, for each year of the investigation – this is a disgraceful waste of money and it doesn’t even touch on the stress that it has caused the individual in question, Alan Brill. Just imagine SEVEN years of your life taken up with a constant fight against HMRC and for what ultimately £70!!!

At last the results of the consultation exercise into false self employment in the construction industry have been published and we have summarised the more salient details below:

• Nothing is going to happen yet and nothing will happen until the industry picks itself up, certainly not before the Olympics in 2012

• The simplistic approach of the government having three tests has been widely criticised and they have conceded that further consultation will be required – no surprises there then

• There is also a lot of criticism that any simplistic approach away from case law is only being geared at the Construction Industry, what about other industry sectors?

• The government have indicated that they will look into organisations purporting to get round the rules such as umbrella companies, managed service companies and labour style agencies – this type of compliance is no bad thing as they are so blatantly flouting the rules and taunting HMRC (never a good idea for them or more importantly their clients)

• Interestingly, the Trade Unions aren’t happy as they could potentially see a lot of new members but the government proposals actually mean that although subcontractors would suffer PAYE/NIC they would not be regarded as “employees” but “deemed employees” which means that they would have no employment rights or benefits. This has been widely criticised because it would actually create “false employment” and the employment law side of this has not really been addressed

• There is a General Election due, probably around 6^th May, which could mean a different party in power. The Conservatives have not indicated that they will pursue what is effectively a witch hunt in the Construction Industry

So if you have self employed subcontractors and would benefit from an employment status review call us on 0800 917 9176

Quick question for you:

When is a Tax Health Plan, nothing to do with medical cover?

When it’s the name of a tax investigation programme against medical professionals. Yes HMRC are back looking at NHS Trusts and medical professionals in general but this time round what they have done is some pilot work to ascertain what monies they could make from such an exercise and then based on this rather then roll it out nationwide, as they have done in the past, they have instead gone for the THP route. Basically, it means that any individual who thinks they may not have declared all their income from sources such as referrals and commissions have a limited window to make a full disclosure to HMRC. HMRC have issued information notices to various private medical providers such as BUPA, Sun Life etc to obtain details of any payments made – so is this the way forward, small local pilot exercises followed by “disclosure” opportunities – perhaps but in the case of the medical profession, HMRC have a favourite target of theirs, whether it be employment status, home to work travel or expenses generally, very interesting when you consider the whole question of MPs expenses and HMRC’s apparent non interest!

Keep reading for further updates