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HMRC & Tax Investigation Solicitors

Being the subject of a criminal investigation by HMRC (Her Majesty’s Revenue and Customs) can be a daunting experience.

The processes involved can often be extremely complex, with potentially numerous different government departments and police bodies involved. Add to this the strict deadlines that are usually part and parcel of an HMRC & tax investigation and you could justifiably feel that you need some help to navigate the situation.

Having an expert guide you through what is renowned for being an extremely complex and difficult-to-navigate area of law, is invaluable.

Fully experienced

Our experienced HMRC & tax investigation solicitors are available to advise you 24/7. If you are involved in a tax investigation, we will guide you through the various processes and ensure that all deadlines are hit.

Best outcome

We will work to bring about the best outcome for not only you, but also your business, all the while ensuring that the HMRC & tax investigation is as stress-free as possible for you and those closest to you.

Who are HMRC?

Her Majesty’s Revenue and Customs (HMRC) is a non-ministerial Department established by Act of Parliament in 2005. It replaces the old Inland Revenue and Customs and Excise.

HMRC is one of the largest law enforcement agencies in the UK.

Their purpose is to collect money to pay for the public services in the UK, as well as financial support for people who need it.

Almost every person and business in the UK is an HMRC customer.

HMRC’s main responsibilities are:

  • Making sure there are funds available for the public services in the UK
  • Ensuring that money gets to the Exchequer (this is done through collection, compliance and enforcement)
  • Administering statutory payments, such as sick pay
  • Facilitating international trade

HMRC administers Child Benefit, tax credits and Value Added Tax (VAT), among many others. It also deals with the Government Banking Service and oversees regulatory regimes such as the National Minimum Wage.

HMRC aims to ensure that the tax system is administered in the most efficient way.

A key part of their role is to conduct tax investigations if they have reason to believe that an individual or a business is avoiding paying the tax that is due, or not declaring the extent of their business activity (or is accruing debt).

What is an HMRC & tax investigation?

The HMRC has 3 strategic objectives:

  1. collect revenues due and bear down on avoidance and evasion
  2. transform tax and payments for their customers
  3. design and deliver a professional, efficient and engaged organisation

Criminal investigation is a vital part of the HMRC’s enforcement strategy. For the most part, this is used as a warning to other businesses and individuals.

What do HMRC have the power to do in an HMRC & tax investigation?

HMRC have a wide range of powers in an investigation. They can, if necessary, arrest people as part of an HMRC & tax investigation.

Following an arrest in an HMRC & tax investigation, they may search both the suspects and their premises.

What’s more, HMRC have the power to make applications for search warrants for both home and business addresses of persons associated with the HMRC & tax investigation.

HMRC can also make applications for court orders which demand that information must be produced.

If you are involved in an HMRC & tax investigation, you could find that your bank accounts are frozen.

HMRC may seize or confiscate assets if they deem it to be necessary as part of a their investigation.

As you can see, HMRC has a number of different powers during an HMRC & tax investigation.

If the circumstances demand it, HMRC can even apply for permission to employ the use of intrusive surveillance powers as part of an HMRC & tax investigation. As part of this, HMRC could intercept communications (such as post). The Home Secretary must approve these more excessive measures in order for them to be used as part of an HMRC & tax investigation.

Anyone involved in an HMRC & tax investigation, can find that their lives – and their business – may be significantly disrupted. This is why it is crucial that if you find yourself as the subject of an HMRC & tax investigation, you seek advice from a solicitor experienced in this area of law as soon as possible.

How will I know if I am part of an HMRC & tax investigation?

HMRC will not tell you if they are looking into your taxes. However, if you become part of a formal HMRC & tax investigation, you may receive a letter from them.

You will become part of a criminal HMRC & tax investigation if HMRC suspects that criminal activity has taken place (serious tax evasion, for example). If this is the case, you will not find out you are the subject of this investigation until you either receive a letter asking you to attend an interview under caution or you are arrested.

Will I be prosecuted as part of an HMRC & tax investigation?

Not always. Sometimes, even when the tax evasion is serious, HMRC may agree (or opt to) deal with the tax evasion on a civil basis. This involves full disclosure and HMRC receiving all outstanding tax (plus interest and penalties).

If you are worried you may become part of a tax investigation, it is vital to seek expert advice as soon as possible. An expert with extensive HMRC & tax investigation experience will be able to advise you of how best to navigate the situation.

How long does an HMRC & tax investigation take?

An HMRC & tax investigation can take months to complete. Sometimes, depending on the complexity of the case, an HMRC & tax investigation can stretch out for years.

While this does sound like an excessive amount of time, investigations are often highly complex and can involve a range of different people and organisations.

Why do I need an HMRC & tax investigation solicitor?

Having experts on your side that specialise in this area of law and can help you to navigate the often complex procedures of an HMRC & tax investigation, is crucial.

Sourcing a team of people you trust to advise, support and guide you through the HMRC & tax investigation can be invaluable. This way, you can ensure that you are protecting your position and preparing for the months that lie ahead.

Client was on bail for assaulting his infant son. Social services reported the claim, but there was no evidence, only the mother’s statement that the boy was injured by evening. Client explained the injury occurred when the boy fell off a bouncy castle, which was confirmed by four family members. By obtaining statements and submitting them to the police, we demonstrated the lack of evidence, and the case was dropped with no further action.

My client was accused of historic domestic abuse allegations. The police provided written disclosure in advance of an interview, and we were able to go through this and provide a four-page statement detailing evidence to the contrary on each allegation. The statement and evidence provided was so detailed that the police had no questions to put to my client, meaning that the interview process was far less stressful than he envisaged.

Client was on bail for domestic abuse in relation to his wife. This had been dragging on for some time. We were able to obtain the particulars of the allegations from the police and then to go through them with the client. We were then able to obtain evidence that contradicted the allegations, including statements from friends, which showed that the allegations could not be true and so the police took no further action against the client. By obtaining case details, going through these with the client, speaking to witnesses and obtaining corroborative evidence, it was possible to show that the allegations were fabricated.

Client was a health care professional employed on an agency basis. There was a historic allegation made by a former client. We were able to obtain the particulars of the allegation from the police and then to set about obtaining evidence from witnesses who could cast doubt on the allegations and serve this evidence upon the police and push them for a swift resolution. The client had been on a lengthy period of police bail at the time he instructed us, and we were able to speed the process up, which was key as the client was unable to work and had no income during the lengthy period of bail.

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