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Thanks for replying. I really want to clear my concious with as little trouble as possible. I know that the fingers point towards me and am aware that going "no comment" in an interview is a solution but I really don't want to be looking down the barrel of a 5 year jail term. My client says he is "connected" and would go cut throat against me. The solution I would ideally like is no criminal proceedings and resorted back to civil law if possible
And have you done everything correctly, that is as a book keeper rather than what you were asked to do?
To be honest I have done some dodgy paperwork to help my client. The HMRC officer has been a little unreasonable in delaying tactics (18 months) and is trying to bring in some VAT from another registered trader. The time span we are looking is between March 2011 to April 2012 and since then whilst he hasn't been trading he has had input tax to claim so instead of requesting large refunds, I have been declaring some of the deficit down by declaring output tax, even though I gather there is none to declare, and showing a "breakeven" as opposed to loss situation. The deficit now I believe to be in the region of £50k
Why did you just not withdraw from the instructions?
I really wanted to but the client is a bit of a bully and I didn't want to compromise my safety
Did you ever go to the Police?
No because that would make matters worse
The difficulty you have is this, you knew that you were not complying with the rules and in effect, cooked the books so to speak. As you know this is illegal. If you are interviewed by HMRC you need to tell them of this and why you did it. If you are prosecuted it is possible to bring a defence of duress. There exist two defences of duress: duress by threats and duress of circumstances. Duress of circumstances is the most recent development and is closely linked to duress by threats and the defence of necessity. Duress by threat and duress of circumstances are largely governed by the same criteria thus many of the cases are authority for either type of duress.
You can not keep this a civil matter only, it is a matter for HMRC whether they prosecute or not.
What has led me to here tonight is that there is a recordred delivery letter waiting for me which I suspect to be my request to attend a voluntary interview under caution
If you do, then you should take a Solicitor, because they can make sure the interview is legal and advise you accordingly. I wont lie, you could be in trouble for this, but from what you have said to me - there is a defence but you want to deflect any legal proceedings which is why you need legal representation.
If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
Thanks for your help