Tax and HMRC Investigations

What do I do if I am subject to an HMRC Tax investigation?

HMRC can investigate if they suspect tax to have been evaded or underpaid. The focus of their investigation may start with the relevant company, but can extend to directors, officers and persons with significant responsibility if HMRC seek to attach personal liability. If you or your company is subject to a civil tax investigation or a criminal HMRC investigation, contact a member of our team.

How we can help?

• Representation at tax tribunals (First Tier and Upper Tribunals)
• Director’s disqualification
• Excise cases
• Condemnation proceedings
• Code of Practice 8 Procedures and Contractual Disclosure Facilities (COP 8)
• Code of Practice 9 Procedures and Contractual Disclosure Facilities (COP 9)
• Criminal Finances Act and failing to prevent facilitation of tax evasion

Companies setting out to commit VAT fraud are not the only ones at risk. HMRC’s net is cast wide enough to catch those connected with fraudulent activity. Direct involvement or actual knowledge of fraud is not always required. This means that you could unwittingly find yourself the subject of investigation and potentially suffering huge commercial losses if HMRC suspect that you knew, or should have known, that someone you’re dealing with has been trading on a fraudulent basis. We have seen an increase in fraud related assessments for VAT by HMRC and in many cases, a complete denial of repayment of input tax. This can be devastating in terms of cash flow, reputation and your ability to trade.

What do I do if I am being prosecuted by HMRC?

Old Bailey Solicitors have 20 years of experience advising companies, individuals, sole traders and tax advisors in relation to tax related offences, financial crime and fraud. Our criminal defence and litigation experience has proved invaluable when it comes to managing HMRC investigations and litigating HMRC and FCA prosecutions. In all cases, we will seek to negotiate with HMRC on your behalf with a view to persuading against a criminal investigation. In those cases where such negotiation is not possible, and a criminal investigation cannot be downgraded to civil, our experienced litigation team can advise and represent you at interviews under caution, right through to the conclusion of your case.

Old Bailey Solicitors have established working relationships with specialist tax law barristers. In order to give you the best chance of acquittal, we will instruct expert counsel with extensive experience of prosecuting on behalf of HMRC.

How do I challenge a decision of HMRC?

If an unfair or unlawful decision has been taken by HMRC against you, Old Bailey Solicitors can assist you to challenge it. This may involve bringing a legal challenge in the Tax Tribunal against any of the following:

• Deregistration from VAT due to misuse of VAT number
• Notice to give a security for VAT
• Penalties for inaccurate taxpayer documentation
• Director’s personal liability notice

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