More golden rules for avoiding a penalty

The HMRC factsheet, Penalties for inaccuracies in returns and documents, is issued when HMRC believes a penalty is likely to be due. The document is full of crucial information most of which is buried in the text. The ebook Penalties for inaccuracies in returns and documents DECODED is an analysis of the HMRC document; digging up true meanings and telling you what you need to know.

There are three voices, the voice of HMRC is in green, the voice of the person being investigated is in blue and the voice of the expert is in black.

When we will not charge a penalty for an inaccuracy

We will not charge a penalty for an inaccuracy if you took reasonable care to get things right but your return or document was still wrong. Some of the ways you can show that you took reasonable care include:

• keeping accurate records so that you can complete your tax records accurately.

• checking with a tax adviser or with us if you are not sure about anything.

Explain!

HMRC are saying that if you want to make a strong argument for reasonable care (and so no penalty) you must have accurate tax records…

What’s that? I stuff all my receipts in a shoebox for the whole tax year. Is that good?

Not really no, but it’s better than not keeping anything. What HMRC will be looking for are records that show all the money coming in – cash and cheques – and validating all the money going out. And they will want dates on everything.

Get a ring binder then go through your entire shoebox putting all your receipts in date order. Then put that data on a spreadsheet with separate columns for separate expenses; travel, postage, telephone, professional fees and so on. Make sure you can account for everything going in and out of your account.

If you’ve lost receipts or don’t have bank statements go out and get copies.

Invoices should have the same treatment. All numbered, all dated and all in order.

Some accounts will be simple and some more complex, but keeping accurate records comes down to recording all the information that will allow you to submit an accurate tax return. It’s as simple as that.

What about the bit that says if I’m not sure about anything I should check with a tax advisor or HMRC? It’s a bit late for that.

Dig deep! Did you go on a business short course that had an accounting section? Did you ever go to the HMRC website to look for advice or call them up or write to them? Ever talk to an accountant or tax advisor – even informally. If you’ve done this look for a record to substantiate it, a listing in your phone bill or even something scribbled in a diary.

Checking with HMRC is a fabulous insurance. Let’s say you had wanted to join a tax avoidance scheme or you just weren’t 100 percent sure about your return. If you had taken it to HMRC and said, “I just want to double check that what I’m doing is legal / accurate / won’t get me into trouble later” and then HMRC signs it off, well then you have a good argument for not paying any penalty.

HMRC records phone calls and may well have a word–for–word account of what has been said.

Having a tax advisor or an accountant will help show that you wanted to pay the right amount of tax and will help show that you’ve made efforts to get your figures right, but they are not a get–out. Ultimately you are responsible for your tax.

There is no requirement in law to have an accountant or even a book–keeper. Not having one does not ordinarily equate to negligence, as HMRC may suggest.

This is an extract from Penalties for inaccuracies in returns and documents DECODED which costs £10. You can get more information and buy the ebook here.