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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12084
Experience:  Senior Associate Solicitor
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I have a tax enquiry at the moment with HMRC asking me to

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Hello, I have a tax enquiry at the moment with HMRC asking me to declare financial information that is over 7 yrs old. They will use this information to charge me tax. Do I have to give them any records older than 7 yrs? Also I will ask my bank to destroy old electronic records of my bank account so they no longer exist - under GDPR guidelines. Can HMRC contact my bank and obtain information from them concerning when I asked them to destroy my records or would they be in breach of confidentiality laws?

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. In short no, they should not pursue you after 6 years which is the limitation period in such cases. I have attached a serious of template letters which you can use. You need to tailor each but you start off with the first letter, and depending on HMRC's response, use the rest. Ultimately they are likely to drop the case against you if you send them the letters - you will note the last letter refers to criminal action against them and generally has an effect on them. HMRC could ask your bank for records though you should ask the Information Commissioner's Office if they can actually do this - the ICO can be reached on 0303(###) ###-#### The bank may give records if litigation is either ongoing or contemplated, as that is one of the GDPR exemptions, but do check with the ICO first. In my view the main issue is the limitation period which is set down in statutory (Limitation Act 1980). If you use the letters you can't go far wrong and I would expect HMRC to drop their case.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 20 days ago.
Thanks Jim. I assume everything said on here is confidential between you and I, and cannot be repeated in any form to anyone, including government authorities? I have more questions I want to ask and would like that point clarified first. Thanks.

Hi, it's anonymous - if you were to put detail on here then the site moderators would redact any personal information.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 20 days ago.
Thanks. Waiting now...

Hi, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts. If you would like to cancel the call and the charge, customer services can be contacted here: https://www.justanswer.co.uk/help/contact-us

Customer: replied 20 days ago.
Ok its kind of urgent though.

Hi, as I say I can't take calls but your request is open to all other experts on this site.