18 January 2012 Under a new Contractual Disclosure Facility HMRC will offer those suspected of serious fraud, the opportunity to enter into a contract to disclose that fraud within 60 days. As part of the government’s commitment to tackle fraud, HMRC’s new Contractual Disclosure Facility (CDF) will be launched on 31 January 2012. Under the new facility, HMRC will contact a taxpayer, in writing, to inform them that they are suspected of serious tax fraud, and offer them the opportunity to enter into a contract to disclose that fraud within 60 days. In return, HMRC will agree not to criminally investigate, removing the risk of prosecution by HMRC. The investigation will then be carried out using civil powers, with a view to a civil settlement for tax, interest and a financial penalty. Those who choose not to make this commitment will face a full investigation by HMRC – in some cases a criminal investigation with a view to prosecution. And anyone who signs the contract, but does not go on to admit and disclose fraud, will also face the possibility of a criminal investigation. Taxpayers who are not under investigation, but who want to admit to tax fraud, may fill out a form to voluntarily request that HMRC consider their suitability for a CDF contractual arrangement. HMRC still retains the discretion to decide which cases are dealt with civilly, HMRC has disclosed that taxpayers will have an extra two days to file their online self- assessment tax returns, after industrial action threatened call centres on deadline day. The Telegraph reports: HMRC has confirmed that taxpayers will have an extra two days to file their online tax returns, after industrial action threatened call centres on deadline day. Those who file self-assessment returns will not be charged a £100 penalty if they miss the January 31 deadline, and will not have to pay any interest on tax owed until February 2, an HM Revenue & Customs spokesman said. This is due to a planned strike on January 31 by the Public and Commercial Services Union (PCSU) over contracts being given to private sector companies. As many as 7,000 HM Revenue and Customs staff are planning to walk out at its four call centres on 31 January, the deadline for people to file their annual self assessment tax returns. Stephen Banyard, Acting Director General for Personal Tax, said that he was not extending the tax deadline, just delaying the issue of penalties. "We've always been very clear that we want the returns – not the penalties," he said. "For that reason, we don't want anyone who can't get through for help and advice on 31 January to be disadvantaged in any way." Around 600,000 people are expected to file their tax returns on January 31, usually the last day to file without penalty. Although the strike will not stop people from filing online it will be harder than normal to get through to HMRC's call centres. and which are investigated with a view to criminal prosecution. HMRC EXTENDS SELF ASSESSMENT TAX DEADLINE 29 JANUARY 2012
TALKING TO HMRC ABOUT EMPLOYEES’ TAX CODES
24 February 2012
CIPP Policy News Journal
09/10/2012, Page 91 of 234
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