COP9 and Other HMRC Letters

OK so you have visited this page referring to Code of Practice 9 – (COP9)

 COP9 is a process where HMRC give an individual the opportunity to make a full disclosure of his/her tax irregularities in consideration of HMRC not undertaking a criminal investigation into suspected tax frauds that have taken place. They undertake not to prosecute or carry out a criminal investigation on the individual in respect of the tax irregularity(ies) disclosed under this process. Instead they give the individual the opportunity to make a full disclosure of ALL irregularities and to settle with tax , interest and penalties.

The letter will be issued to the individual (or individuals) they have a suspicion of being the main player(s) but the tax frauds can have taken place (or suspected as taking place) in any business or entity that the individual has been associated with for up to the last 20 years.

These type of enquiries/investigations are not speculative and HMRC will have evidence that suggests there has been tax fraud. They can, however, and have in the past issued letters where on closer examination the irregularities were not tax fraud. I have successfully defended the odd client where this situation was relevant. However, these investigations are not to be ignored or treated lightly and time limits for action are brought into play. If this is ignored (or failed), it may result in an early change of tack by HMRC that could end up with a criminal investigation with serious repercussions.

Given that they have evidence of a suspected irregularity, you may or may not be aware of what they know. However, this is a time for a complete and thorough review both by yourself and someone that knows the possibilities of missing something material – potential criminal investigation. It is a time for a hard look at all matters and for raising anything that could not be correct. You need to make a disclosure of not only tax fraud/deliberate tax evasion but also things that you may have got wrong either through carelessness or in spite of taking reasonable care. They are all relevant. A frank and honest exchange is need with your potential specialist. I have on a number of occasions decided that the client is not for me when they have been spartan with the truth. Neither of us can do with surprises going forward if you thought HMRC wouldn’t know about something. Things have a habit of coming out at the worst time and HMRC can stumble on something they didn’t know in spite of vain attempts to minimize your hit.     

Inevitably the letter will sound distressing and scary as you read it. However, as a specialist in tax investigations, I have spent many years in the profession representing clients who have been subject to COP9 tax (and other complex and serious) investigations. Tax evasion also falls within the Money Laundering Regulations. If you contact me we can deal with matters confidentially initially to see if we would be a good fit for each other and taking your enquiry forward. I will also be able to detail the process and suggest what you should and should not do and hopefully demystify the serious letter.

You can contact me (Bill) for a free confidential chat on my 24/7 mobile +44 7751720507 or by email to bill.stevenson@wamstaxltd.com or billgilcomstoun17@btinternet.com and we can have a discussion on the circumstances you have found yourself in.

Testimonials from past clients can be seen at WAMS Tax Ltd, Aberdeen | Tax Investigator | 27 reviews - FreeIndex

You will get a copy of the HMRC Code of Practice 9 guidance with your letter. In case you want to get in before they come to you, you can read the guidance at the following link Code of Practice 9

My website is at www.wamstaxltd.com

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