Avoid getting blindsided by an HMRC tax inspection. Read on to find out the ways your business can prepare for one. The post How to prepare for an HMRC tax inspection appeared first on Sage Advice United Kingdom.
The thought of being investigated by HMRC leaves many business owners with a sense of dread.
But it doesn’t have to be that way.
Often, that fear comes from not understanding the process.
In this article, we explain what you can expect from an HMRC tax investigation and share pointers on how you can minimise the risk of being investigated with the help of an accountant.
That way, you’ll feel confident in your ability to deal with an investigation if it ever does come up. After all, no business is immune from a tax inspection.
Here’s what we cover:
- What is an HMRC tax investigation?
- Types of HMRC tax investigations
- What triggers a tax investigation?
- The 5 stages of a tax investigation
- How far back can HMRC go for unpaid tax?
- Chances of being investigated by HMRC
- How to reduce the chances of an HMRC investigation
- How an accountant can help with a tax investigation
- What happens after the tax investigation
- Final thoughts on HMRC tax investigations
What is an HMRC tax investigation?
An investigation is where HMRC selects your business to review your business records and check if you’re paying the right amount of tax.
HMRC has the right to review your affairs at any point, but you or your accountant will receive official correspondence from HMRC to notify you first.
If HMRC finds you have filed anything incorrectly, it will give you the opportunity to correct the problem.
But it can also come with a financial penalty.
It’s not all bad news, though. If you’ve overpaid tax, you’ll be issued with a rebate to reimburse you.
These are the types of business records HMRC might look into:
- Corporation tax returns
- Self Assessment tax returns
- VAT returns (if your business is VAT registered)
- PAYE returns (if you’re an employer)
- Construction Industry Scheme (CIS)
- IR35
- Landfill tax
- Insurance premium tax.
Types of HMRC tax investigations
There are three different levels of tax investigation that HMRC can carry out:
1. Full enquiry
When HMRC undergoes a full enquiry, it will review your entire business records, and for limited companies, possibly the directors’ accounts and tax affairs.
This is usually because it believes there is a significant risk of tax error or deliberate tax evasion.
2. Aspect enquiry
As implied by the name, HMRC will look at a particular aspect (or aspects) of your accounts.
An aspect enquiry is usually the result of an honest mistake and could be flagged by inconsistencies in a section of a recent tax return.
If HMRC finds you’ve made a mistake, it will want to check prior periods for additional inconsistencies.
3. Random check
Random checks can happen at any time and doesn’t mean HMRC suspects any errors in your tax.
HMRC is free to review your records regardless of the state of your accounts or whether you’ve triggered an alert.
What triggers a tax investigation?
Any unusual activity in your accounts or tax returns flagged by the Central Risk team can lead to further investigation.
They use sophisticated data mining tools to identify trends in industries and highlight unusual activity.
Random checks aside, there are a few common triggers for a tax investigation. The most common one is submitting incorrect figures on a tax return.
Here are some more instances that are likely to trigger an audit:
- Consistently submitting tax returns late
- Belonging to an industry deemed high-risk by HMRC (such as those known for accepting “cash in hand” payments to avoid paying tax)
- Director salaries that trigger suspicion
- Noticeable variations between tax returns (such as a significant decrease in income from one year to the next)
- Your business records not aligning with industry standards
- Failure to report certain sources of income
- A one-off large VAT claim
- A business with high turnover but minimal tax payments
- Someone notifying HMRC of unusual transactions in your accounts.
The 5 stages of a tax investigation
An HMRC investigation typically follows five distinct stages.
While the process can vary depending on the nature of the enquiry, this structured flow outlines what to expect and how to respond effectively.
1. Notification of the investigation
The first stage begins when HMRC notifies you in advance of an investigation via a formal letter or, in rare cases, a phone call.
The letter outlines:
- The type of investigation (aspect or full enquiry)
- The timeframe being reviewed
- The specific documents or information required.
If you have an accountant who is registered as your agent, HMRC will contact them instead, and your accountant should be in touch to tell you about it.
Depending on your accountant’s services, you might find they can represent you during the inspection process.
Always check whether HMRC is within the legal timeframe to open an investigation. Typically, they have 12 months from the date a tax return is filed, but they can extend this in cases where tax has been deliberately concealed.
2. Information gathering
Once notified, you’ll need to submit the requested documents by the deadline.
This may include:
- Tax returns and computations
- Bank and credit card statements
- Sales and purchase invoices
- Payroll records
- VAT returns and records
- Other relevant correspondence or digital records.
HMRC may ask to visit you in person, either at your registered business address, accountant’s office or your home.
You’re legally obligated to provide HMRC with the requested information, and you’ll have to pay a penalty if you don’t send the relevant information or refuse a visit.
There is an exception when you can provide a “reasonable excuse”. For example, you’re seriously ill or someone close to you has died.
You’re well within your rights to query HMRC’s decision to investigate you, but the inspection will still go ahead.
3. Communication and review
HMRC reviews the submitted documents and may request further clarification or additional information.
During this stage:
- Inspectors may analyse your financial records for discrepancies
- It might arrange meetings or interviews to gather more details
- You’ll receive updates on the progress of the investigation.
If HMRC finds issues, they’ll discuss potential adjustments, such as underpaid or overpaid tax. Serious cases, particularly involving suspected fraud, may lead to interviews under caution.
4. Assessment and proposed settlement
Once the review is complete, HMRC will assess your tax position and propose a resolution.
Possible outcomes include:
- Underpaid tax: you’ll receive a settlement letter detailing the amount owed, including interest and potential penalties
- Overpaid tax: if errors in HMRC’s favour are found, you’ll receive a refund with interest
- Serious wrongdoing: cases involving deliberate evasion may result in significant penalties or even criminal prosecution.
You’ll typically have 30 days to accept or appeal the findings. For less contentious cases, you may be offered a contract settlement, allowing you to agree on a payment plan without further action.
5. Closing the investigation
The investigation concludes when all tax liabilities are resolved, whether through payment or agreement. HMRC will issue a final letter confirming the outcome, which might include:
- Details of adjustments made to your tax records
- Confirmation that the case is closed.
It’s worth noting that, once closed, HMRC can’t reopen an investigation into the same period unless there’s evidence of deliberate concealment.
How far back can HMRC go for unpaid tax?
How far HMRC will dig back into your records will depend on the level of investigation.
Most of the time investigations can be closed pretty quickly. When no mistakes are found, HMRC can close the investigation without doing further checks.
However, an investigation’s reach varies based on whether the underpayment was due to an innocent mistake, carelessness, or deliberate wrongdoing.
Here’s a clear breakdown of the timeframes HMRC can go back for unpaid tax:
Type of tax | Timeframe for routine reviews, such as random checks (years) | Timeframe for negligence, such as filing errors (years) | Timeframe for deliberate misconduct, such as tax fraud (years) |
Capital gains | 4 | 6 | 20 |
Corporation tax | 4 | 6 | 20 |
Income tax | 4 | 6 | 20 |
PAYE | 4 | 6 | 20 |
VAT | 4 | 4 | 20 |
Chances of being investigated by HMRC
While HMRC investigates only a small percentage of taxpayers each year, certain factors can increase your likelihood of being selected for a tax enquiry (as we discussed above).
For most individuals and businesses, the likelihood of being investigated is relatively low. HMRC typically targets higher-risk cases or those flagged by its automated systems.
However, changes to legislation, such as IR35, have heightened scrutiny for contractors and freelancers.
Even if you believe you’ve done nothing wrong, you must keep accurate records and file your returns on time.
The better prepared you are, the easier it is to resolve an investigation quickly and without unnecessary stress.
How to reduce the chances of an HMRC investigation
The good news is you can take proactive steps to minimise your risk of being investigated.
Below is advice from accounting experts on how working with a qualified accountant will help you significantly in these areas.
1. Know your tax obligations
A number of tax investigations happen due to honest mistakes and often that’s because business owners don’t fully understand their changing tax obligations.
Edward Kirkby, who previously worked at accountancy firm Sleek and is now a consultant, explains how a good accountant can help.
He says: “Tax laws are like moving targets, always changing. Accountants keep up with these shifts, so your business doesn’t get caught off guard.
“This ongoing education ensures your practices stay compliant and less likely to raise HMRC eyebrows.”
2. File your tax returns on time
Submitting tax returns late is a common red flag for HMRC, so you never want to miss a deadline (or a payment).
3. Keep your books up to date
If your bookkeeping falls behind, it’s more likely you’ll have to rush to make tax deadlines and could end up making oversights in your returns.
Using tax software can help you automate record-keeping and stay organised, reducing the chance of errors or missed deadlines.
Ariful Islam, CEO and founder of accountancy firm Sterlinx, explains how an accountant can ensure you stay on top of record keeping: “Dealing with receipts, invoices, and other financial records can be a nightmare.
“Accountants take the burden off your shoulders, keeping your paperwork organised and readily available for any HMRC enquiries.”
4. Avoid basic errors
Simple errors such as allocating costs incorrectly, entering the wrong VAT amount, or treating non-deductible costs as tax-deductible can alert HMRC to inspect your records.
Having your accounts reviewed by an accountant will ensure these kinds of mistakes are caught, as Ariful explains: “Mistakes happen, but even minor errors on your tax return can raise red flags for HMRC.
“Accountants have the expertise to ensure your finances are meticulously organised and reported accurately, minimising the chance of triggering an investigation.”
5. Develop tax strategies
It’s possible to maximise all available tax deductions without crossing the line.
Edward Kirkby explains how an accountant can help your business plan strategically: “Tax advisors aren’t just number crunchers, they’re strategists too.
“They’ll devise legit ways to trim your tax bill without stepping over any lines. By doing so, they help keep your business on HMRC’s good side.”
How an accountant can help with a tax investigation
As your agent, your accountant can usually represent you during an investigation, which means they can compile your records and handle communication on your behalf.
Edward Kirkby explains how an accountant can reduce the burden on your business. He says: “If the worst happens and HMRC comes knocking, having an accountant in your corner is a game-changer.
“They’ll handle the nitty-gritty, deal with HMRC inspectors, and ensure all paperwork is in order, making the process less stressful.”
What happens after the tax investigation
HMRC will write to you to tell you the results of the investigation and any next steps you must take.
You’ll be repaid if you overpaid your tax. You may also receive interest on the amount you’re owed.
If you owe tax, you’ll be asked to pay the additional tax within 30 days. It’s likely you’ll also have to pay interest from the date the tax was due.
You may also have to pay a penalty, and HMRC will take into consideration the reasons for your underpaid or overclaimed tax, whether you informed HMRC as soon as you could, and how helpful you’ve been during the investigation.
More complex audits may result in heftier penalties or prolonged investigations, occasionally escalating to criminal charges.
You can always apply for alternative dispute resolution (ADR) if you don’t agree with HMRC’s decision.
Final thoughts on HMRC tax investigations
It’s impossible to avoid an HMRC tax investigation altogether. But you can take steps right now to minimise that possibility.
And remember, filing accurate tax returns isn’t just important for compliance, it’s also about maintaining a healthy business.
Ariful Islam explains why working with a good accountant is invaluable: “An accountant offers far more than just a shield against HMRC investigations. They can help you optimise your tax strategy, identify areas for cost savings, and plan for future growth.
“Consider it an investment in the overall financial health of your business.” If you are selected for an HMRC tax investigation, don’t panic. If you are cooperative and provide all requested information in a timely manner, you can make it a smooth and painless process.
Editor’s note: This article was first published in May 2024 and has been updated for relevance.
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The post How to prepare for an HMRC tax inspection appeared first on Sage Advice United Kingdom.