Play ball with HMRC when it comes to tax errors and the latest
penalty regime… or you could find yourself in deep
trouble.
That is the warning from Sarah Moss, tax director at the
Birmingham office of PKF Accountants & business advisers.
She is urging companies to make sure their systems are robust
and secure.
Where firms are trying to deliberately mislead they will rightly
suffer the consequences, but in the case of genuine errors it is
best to be open and honest.
In such circumstances it should hopefully result in a zero, or
very limited, penalty.
"Offer it up," said Ms Moss. "It is a much better approach than
leaving it until HMRC finds it as part of its routine compliance
procedures."
The new, tough, HMRC penalty regime was introduced last
year.
Individuals and business owners can now face penalties of up to
100 per cent for deliberately underpaying tax and concealing this
from HMRC.
The aim of the new regime is to encourage taxpayers to take more
care when submitting tax returns and other documents, as well as to
deter deliberate under-assessment.
The system applies to income tax, corporation tax, capital gains
tax, VAT, PAYE, national insurance contributions and the
Construction Industry Scheme.
Penalties are charged as a percentage of the extra tax due.
The rate of penalty increases according to how "bad" - in the
view of HMRC - a taxpayers' behaviour has been.
So, no penalties apply if "reasonable care" has been taken; up
to 30 per cent for "careless behaviour"; up to 70 per cent for
"deliberate mistakes" and up to 100 per cent for "deliberate and
concealed mistakes".
Ms Moss said: "HMRC may descend on you at any time, so be
prepared. Don't wait until it happens.
"Companies need to review high risk areas now. Incompetence will
be costly enough, but anyone who thinks they can cheat the system
will now find that they will be dealt with more harshly than
before.
"They shouldn't say they haven't been warned. So get your act
together."
She pointed out that HMRC had made it clear from the outset what
the parameters would be.
It stated at the time: "We have always charged financial
penalties for incorrect returns or documents. However the way that
penalties will be calculated in the future will be linked to the
behaviour that gives rise to the error. Put simply, you will be
fined more if HMRC deems any under-calculation of tax to be
'deliberate' - worse still if you have deliberately underestimated
your tax liabilities and have taken 'active steps to hide the
error'."
But it promised not to charge penalties when "reasonable care"
has been made to get things right and an error had still been
made.
Ms Moss added: "Every person is expected to make and keep
sufficient records for them to provide a complete and accurate
return.
"If individuals or businesses are unsure about any aspect, they
must be able to show that they have sought specialist advice."