HMRC compliance check - personal bank statements

Hi all, new to here ! Hoping someone can advise or help...
I am an employee and always have been, pay tax through PAYE
back in 2012 I had a brilliant idea to start my own business.....opened up a Ltd company through companies house and thats where it ended....nothing came of it, never opened a business bank account or traded and forgot about it till I got a letter addressed to me as the director, remembered it and promptly closed it with no accounts to file. That was in 2013.
All during that time, and since, I was working.
Fast forward to today and I have a letter from HMRC doing a compliance check - they want to know if I ever gained financially from the company.
Phoned them and told them it was closed with no transactions or activity whatsoever.
The caseworker then says she needs my personal bank statements for the last 5 years !
I explain that I have no income other than my pay. I explain that my personal account is held jointly with my husband who is not under the compliance check and does not wish his personal transactions to be seen.
This seems really intrusive...do HMRC have a statutory right to see my personal bank statements ? surely they can access my PAYE account ? I have never had any other income so why do they suddenly think I do and how do I prove otherwise ? I am only reluctanct to send in the statements because I dont see why they should see what we are spending and on what. This smacks of big brother to me:mad:
Can anyone help? Thanks
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Comments

  • Wayne_O_Mac
    Wayne_O_Mac Posts: 236 Forumite
    Rcaff wrote: »
    This seems really intrusive...do HMRC have a statutory right to see my personal bank statements ?
    They have a right to see any documents 'reasonably required to check your tax position'.

    If they ask for your personal bank statements and you don't think they're required for this, you can refuse. They'll probably then send out a formal notice requiring you to provide them. You can appeal this notice, but if HMRC dig in, you may find yourself having to explain to a judge at tribunal why the statements are not required to check the position.
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    The starting point here is whether any of the company transactions went through these bank accounts. If yes you have a problem. if no you can tell HMRC to get lost.
    Hideous Muddles from Right Charlies
  • Rcaff
    Rcaff Posts: 2 Newbie
    thanks for the responses.
    I never actually did anything with the company other than open and close it. I have told them this but they still want to see my personal statements. I am prepared to go to court if I have to.
    I cannot understand if I closed the company in 2013 why on earth they want the last five years worth of statements ?!
  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    Do you do self assessment for any reason? Expenses, interest, property etc?
  • polymaff
    polymaff Posts: 3,903 Forumite
    First Anniversary Name Dropper First Post
    Rcaff wrote: »
    ... I cannot understand if I closed the company in 2013 why on earth they want the last five years worth of statements ?!

    To see what you did during and after the life of the company.
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    As the silly NI stuff last week and the pasty tax stuff show, when dealing with HMRC you can never rule out the pernicious effect of the Numpty Department. Clueless wallies who often do not even know much about UK tax laws but nonetheless are drafting such laws and conducting tax enquiries.

    The vast majority of tax enquiries on my client base - I am an accountant - have been stupid and clueless beyond belief. For evidence, see my post from last month on the last enquiry I had. Overall HMRC have chased after over £250,000 in those enquiries, and achieved £67 - though in fairness I would have fought the £67 too but the client just could not be bothered.

    Don't just offer up these statements.
    Hideous Muddles from Right Charlies
  • bowlhead99
    bowlhead99 Posts: 12,295 Forumite
    Name Dropper First Post First Anniversary Post of the Month
    Rcaff wrote: »
    I have never had any other income so why do they suddenly think I do and how do I prove otherwise ?
    It is quite difficult to prove a negative. So, giving them your bank statements and saying, "take a look, nothing to see here" would be a standard approach to help prove it.

    You suggest they look at your PAYE record, which shows you paid some tax on earnings as an employee. They already have that data and it simply tells them you had earnings from employment and paid tax on them, so is not very interesting.

    What would be more interesting to them is to find out whether, after having a bright idea to incorporate a company and set up a business in 2012, you changed your mind and decided to run the business instead on an unincorporated (sole trader) basis, running the trade through your normal personal bank accounts for the last five years and getting very rich without declaring any of the income, winding up the dormant company after a year or so once you decided you were happy with the unincorporated route. One way to help prove you didn't would be to say hey, here's my bank statements for five years, you can see there are no large mystery receipts or outrageous lifestyle spending. Showing the bank statements to be just normal ongoing household expenditure would put their mind at ease.

    Or for that matter, just for the heck of it, how do they know you didn't sell the dormant company for £50k, or close it down for cash so that someone else could use the name or one very similar to it. Or agree to wind it up in exchange for half a million pounds after one of the competitors in your industry made you an offer you couldn't refuse not to proceed with your venture and take a big market share from him. Again, showing the bank statements to be just normal ongoing household activities would be useful 'lack of evidence' that your business ever amounted to anything
    I am only reluctanct to send in the statements because I dont see why they should see what we are spending and on what. This smacks of big brother to me:mad:
    I guess there are others who might feel the same too, in your shoes. But on the other hand, do you really think the compliance officer at HMRC is going to be going back to his family this weekend and saying

    ..."'ooooh, you'll never guess what, I saw this one couple's bank statement this week and do you know what they spent as their average order at Pizza Hut over five years? I had my assistant add it all up, it was £700. £700 can you believe that. Most commonly, £16.99 a time. That's the price of a Veggie Supreme with a garlic bread isn't it, I've seen on the telly. So first I thought they are vegetarian but then one time three years ago they had what looked like a big order from Land of Leather, bit hypocritcal isn't it. But then I thought if they do have animal products but order something that looks like the price of a veggie pizza every few weeks, maybe they just don't like Pepperoni Feast or those Ham and pineapple ones. That's it, no pork, must be they're Muslim. And one summer they had a hotel charge from Egypt - Cairo it was, and that's an islamic country isn't it, so maybe they're muslims. And I said to my assistant Brenda, I said Brenda, ooh could they be an Islamist terrorist sleeper cell, that would be exciting?! But then we found last June they bought a new car, and you wouldn't buy a car in Ramadan as you'd be too hungry all day to enjoy it properly. So they're probably not Muslim, but with the no pork thing its probably they're jewish...

    Anyway we couldn't find any signs of her running a business through the personal bank accounts but I'm going to see if I can visit her at home, as they have an expensive Sky subscription so husband probably watches the sport all the time so maybe she feels like she needs more attention and whether they're jewish or muslim the husband's probably circumcised so perhaps she'd be up for sampling my uncut member, shall I see if I can get her round to our swingers club this weekend?"

    The reality is though, that the HMRC auditor couldn't care less about the tedious details that your bank statements might reveal about you, they are just looking to do some standard compliance checks. If they never audited anybody, loads of people would under-report tax. So, giving up your bank statements for a sample audit is just you doing your duty to play the game and keep the country running, like doing jury service once in a blue moon or whatever. Certainly doesn't seem worth going to court to fight it, unless you want to burn some taxpayers money when HMRC has to come to court, and you reaaally have nothing better to do with your time and want to arouse suspicion about what's hidden in your bank statements that shouldn't be.
  • le_loup
    le_loup Posts: 4,047 Forumite
    Trouble is, once the inspector tells Brenda, she will tell Beryl and then it's be all over S!!!!horpe in no time.
    ......... that is S c u n t h o r p e
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    Anyone who trusts HMRC enough to give them information voluntarily that they are not legally entitled to is just a fool plain and simple.
    Hideous Muddles from Right Charlies
  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Name Dropper First Post First Anniversary
    bowlhead99 wrote: »
    .....decided to run the business instead on an unincorporated (sole trader) basis, running the trade through your normal personal bank accounts for the last five years and getting very rich without declaring any of the income................ One way to help prove you didn't would be to say hey, here's my bank statements for five years, you can see there are no large mystery receipts or outrageous lifestyle spending. Showing the bank statements to be just normal ongoing household expenditure would put their mind at ease.

    You could say that about every adult in the UK. I don't think the average Joe Bloggs would take too kindly to HMRC requesting personal bank statements from 4 years ago just to prove you weren't running a sole trader business. Would you happily do it if HMRC asked you? Let's face it, HMRC don't know that you were running a side business and not declaring it either!

    HMRC are being completely unreasonable asking in this case and need to be challenged. If they insist on sight of them, then let the tribunal decide on whether it's reasonable or not. HMRC will pull out by then because they'd look foolish trying to justify to the tribunal why they want personal bank statements when they have zero, zilch, evidence that there was any undeclared income. It's all a matter of "reasonable" as per what really matters, the law. HMRC will always try to test boundaries but, even though they don't like it, they're still bound by the law and the tribunals.
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