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Tax audit issues

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Kirkmain
Kirkmain Posts: 212 Forumite
100 Posts First Anniversary
edited 19 April 2024 at 3:07PM in Cutting tax
We keep being told that HMRC can

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  • Phoenix72
    Phoenix72 Posts: 425 Forumite
    100 Posts Name Dropper
    Statute of Limitationa does not apply to Government debt and HMRC can in fact go back 20 years for deliberate behaviour and fraud.
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 18 April 2024 at 11:17AM
    Depending upon the circumstances of the individual case HMRC can go back as far as 20 years. No need to audit. They can issue a discovery assessment. Onus is then on the taxpayer. 
  • HMRC can go back 20 years and they have all the means to collect data. Personally, I have been handed over hand written pass books of clients going back to 1998 in one of the cases. 
  • Kirkmain
    Kirkmain Posts: 212 Forumite
    100 Posts First Anniversary
    Interesting, so does anyone have any idea what my IFA was referring to when they said they can't investigate back 5 years? Is that just how long banks can hold statements for?
  • Phoenix72
    Phoenix72 Posts: 425 Forumite
    100 Posts Name Dropper
    Kirkmain said:
    Interesting, so does anyone have any idea what my IFA was referring to when they said they can't investigate back 5 years? Is that just how long banks can hold statements for?
    Maybe because IFA's are generally not tax experts?

    Why are they advising you on a tax matter?
  • Phoenix72 said:
    Kirkmain said:
    Interesting, so does anyone have any idea what my IFA was referring to when they said they can't investigate back 5 years? Is that just how long banks can hold statements for?
    Maybe because IFA's are generally not tax experts?

    Why are they advising you on a tax matter?
    This ^^^

    You wouldn't ask your accountant which stocks to invest in.
  • badmemory
    badmemory Posts: 9,653 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    It is generally current year plus 5 years.  I would expect them to audit those years & if there is evidence for it then to go back the 20 years.
  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 19 April 2024 at 1:18PM
    Kirkmain said:
    Interesting, so does anyone have any idea what my IFA was referring to when they said they can't investigate back 5 years? Is that just how long banks can hold statements for?
    I would suggest your IFA is rather unknowing.

    Your refer to "business" , if that means a company then Section 388 of the Companies Act sets out the document retention period. It requires that invoices, receipts and transaction records used to produce the financial statements of the company (accounts and if applicable VAT returns) are retained for a period of 3 years for private companies and 6 years for public companies. That means from the end of the accounting year to which they relate, not from date of each transaction.

    HMRC can investigate 4 years back for "innocent" errors and 6 years for errors that can be deemed to have arisen from ‘carelessness’ or negligence’, and as others mention, for up to 20 years in the case of suspected deliberate "evasion". 
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