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JG_Legal, Barrister
Category: Law
Satisfied Customers: 74
Experience:  Experience of consumer law, financial regulation and criminal law.
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A friend’s company is being prosecuted for non payment of

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A friend’s company is being prosecuted for non payment of tax by HMRC. For the last two years or so their tax payments have been handled by a tax consultant to whom they pay a fee. It appears that there is a discrepancy between the money they have given him and the money he has payed to HMRC in the order of £82000. The consultant has become somewhat evasive in providing information about the payments he has made on the companies behalf and seems to be inventing reasons as to why he cannot access his bank records.While they have engaged solicitors to represent them in the tax and winding up hearings they are suspicious that the consultant is withholding information in the hope that the company is wound up and he can no longer be held to account. They trust their solicitors advice but obviously it costs money to consult them and the companies finances are already somewhat strained due to the loss of business caused by the court hearings and the strain on them all.They would like to know whether they should go to the police with their suspicions or leave it in the hands of their solicitors and hope for the best.
Assistant: Where is this? It matters because laws vary by location.
Customer: Surrey
Assistant: What steps have been taken so far?
Customer: There is a court case against the company in London and a winding up case against the company owner in Guildford. No action has been taken against the tax adviser but they are concerned by his behaviour since the discrepancy was discovered.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: i cant think of anything.

Hi, I'm a barrister based in London.

There is no time limit on reporting a crime to the police, and any future report, if required, will likely not be prejudiced because all the transactions are recorded (i.e. it is different to reporting an assault years later where there is otherwise no corroborative evidence).

I suspect the police will say it is a civil matter without clear evidence of dishonesty.

My advice would be to leave it with the solicitors on the basis they have considered and dismissed reporting to the police at this stage, and are acting in the best interests of your friend.

If I have answered your question, please accept my answer. Best regards.

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