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F. Naz
F. Naz, Chartered Accountant
Category: Business
Satisfied Customers: 5328
Experience:  Doing Chartered Accountancy
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I have been notified of a visit by HMRC to examine my

Customer Question

I have been notified of a visit by HMRC to examine my records from which my 2014/2015 SA return was prepared. I understand that this is OK but they also want to examine my vat records for the period July 2012 to December 2015. The records are the same so they are effectively looking at my SA records going back to July 2012. Can they do this?
Submitted: 1 year ago.
Category: Business
Expert:  F. Naz replied 1 year ago.

Hello

This is your real scenario or home work?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F. Naz replied 1 year ago.

Hello

Please tell me what I have asked before, thanks.

Customer: replied 1 year ago.
you asked me whether this is a real scenario or homework. It is real. Please telephone me on *********** on Wednesday morning to provide your answer.
Expert:  F. Naz replied 1 year ago.

I cannot telephone you, please let me know that do you have made any claims to HMRC for tax credits and because of that they want to examine your record?

Customer: replied 1 year ago.
I have not claimed any tax credits. Why does your site offer the option of a live call? rather talk than type? Two representatives from HMRC are calling, one to examine my records for Self Assessment for 2014/2015, these being the only records he is entitled to examine, whilst the other representative goes back for vat to July 2012. I need to know if HMRC are entitled to go back to July 2012 to examine my vat records or if they are bound by the same restriction to 2014/2015.
Expert:  F. Naz replied 1 year ago.

Hello

Please see the information below which I have gathered for you and if you need details so links are also provided so you can analyse your case. Links for Assesing Time Limit tabe are also provided.

Reopening Earlier Years: Discovery in SA Years: SA Time Limits

The normal and extended assessment time limits changed on 1 April 2010. The guidance below applies to assessments made before that date. For guidance on the time limits that apply to all assessments made on or after 1 April 2010 see CH53000+.

TMA70/S34(1)

TMA70/S36(1)

Normal Time Limits

Where there was incomplete disclosure without fraudulent or negligent conduct, the time limit for making a discovery assessment on an individual was five years from 31 January next following the tax year to which it relates.

Thus the time limit for an individual for 1996/97 was 31 January 2003.

The time limit for recovery of an overpayment was the later of

  • the year of assessment following that in which the amount assessed was repaid or paid as the case may be, and
  • where a return was enquired into by HMRC, the period ending with the day on which, but virtue of Section 28A(1), the officer’s enquiries were treated as completed.

Extended Time Limits

Where there was fraudulent or negligent conduct the time limit for making a discovery assessment was extended for an individual to 20 years from 31 January next following the tax year to which it relates. See EM3340+ for operational procedures.

Reference Link :- https://www.gov.uk/hmrc-internal-manuals/enquiry-manual/em3270

Link for the Time table (income tax and Capital gain) :- https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch56100

For VAT:- https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch56300

Note:- If you find my information useful and helpful so please rate or accept it so I can get credit for my efforts, thanks