Accelerated Payment
Notices

HMRC Tax Demand

An accelerated payment notice is a requirement to pay an amount on account of tax or National Insurance Contributions. Tax demanded must be paid within 90 Days to HMRC. 

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Accelerated Payment Notices

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If a user is involved in a tax avoidance scheme, you will likely be subject to investigation by HMRC. You may receive an APN (accelerated payment notice) from HMRC requesting accelerated payments to ensure your legal compliance with the scheme.

Accelerated payments may be some or all of the tax you expect to save through tax avoidance. This means the disputed tax money (referred to by HMRC as the ‘understated tax’) is held in the Exchequer, which minimizes the cash flow advantage enjoyed by tax avoidance scheme users and promoters until the scheme is in hand has been deemed legally sound and non-abusive of existing tax legislation. If the accelerated payment amount is found to be more than the amount found to be due once the compliance check is complete, HMRC will generally repay any extra.

Payment must be made within 90 days of receiving an APN. If a scheme user has problems paying the total amount, HMRC can be contacted to arrange a payment plan. HMRC are renowned for the fair treatment of those who can’t pay their dues immediately.

There are corrective actions that can be taken against an APN. For example, if the user files an appeal, enters an agreement to relinquish the advantage of the scheme and informs HMRC that they’ve taken action and the amount that is now payable, there is no need for accelerated payments.

We as tax accountants, will not advise you to pay the amount demanded by HMRC on APN but would recommend calculating your taxes fairly and filing your tax returns correctly. It’s a chance where HMRC can allow you to come clean if you owe any money to the taxman.

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HMRC Investigation

For various reasons, HMRC may decide to investigate your business to determine any tax payment or discrepancies.

Tax Evasion

Tax evasion is also referred to as tax fraud, which should indicate how seriously it is taken by HMRC. Call us if you are under Tax Evasion charge.

Tax Avoidance

Avoiding tax is the deliberate arrangement of using legal methods to lower tax liability. Technically its Legal but may be fall into avoidance.

Tax Penalties

Every different form and band of tax see the application of a separate penalty for misconduct, usually in the form of a fine.

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FAQs

We have tried to answer some of the frequently asked questions for taxpayers, individuals and businesses. However, if you need any further help or explanation, give our team a call for free advice.

HM Revenue and Customs frequently conduct investigations in the UK. It is an authorized inquest on your history of tax payments, and the severity of the inquiry will be entirely case dependent. Probes for tax investigations can be due to multiple reasons, such as:
  • Late filing of your returns
  • Your income has fallen by a significant amount
  • Inconsistencies between different returns
  • Incorrect information is given
  • A tip-off that HMRC has received
  • The result of a random check
HMRC are very disinclined to reveal any details, so finding out and identifying why the tax inquiry is taking place could be vital in helping you deal with it more efficiently.
Every case is different during a tax investigation, and depending on the facts of the individual case, this will vary and determine the time scale. For example, in certain situations, the HMRC might want to acquire documents and information up to 20 years, but it also may be a lot less depending on case facts. HMRC investigations are not only expensive, but they are also very time-consuming. This may cause a lot of everyday issues for most people, especially if HMRC want to investigate a number of years. Therefore, the taxpayer needs to find a solution quickly to avoid unpleasantly and over calculated assessments.
If you are under investigation, you should check your books and records and find out if there have been any anomalies or mistakes, resulting in additional tax liability. No tax inquiry is straight forward as it seems. It may start from a simple compliance check and, if not appropriately addressed, can turn into a full investigation. You should talk to your accountant or advisor and include any losses that you haven’t declared for the past years. Remember, if you do not cooperate with HMRC, they have the authority to make the best judgment assessment, which can be more than the actual tax you owe.
Penalties are calculated on several factors and relevant to the year, which is under investigation. For example, a tax penalty can range from 35% to 200% of tax payable for deliberate conduct. It will also depend on your cooperation with HMRC to provide information and calculate untaxed income calculations.
It depends on the scope of inquiry or investigation and the type of letter you have received. For example, simple compliance checks can be finalised in one or two meetings, whereas investigations like Code of Practice 9 may take eight months to a year to finish. If proper records are not available, time spent to collect information will add up to the investigation time. 

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