Visits - by agreement or with advance notice - HM Revenue & Customs
Visits - by agreement or with advance notice - HM Revenue & Customs
Visits - by agreement or with advance notice - HM Revenue & Customs
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Compliance checks series<br />
<strong>Visits</strong> – <strong>by</strong> <strong>agreement</strong> <strong>or</strong><br />
<strong>with</strong> <strong>advance</strong> <strong>notice</strong><br />
Why we visit business premises<br />
As part of a compliance check, we may ask to visit your business premises if you<br />
have any. This is so that we can look at your rec<strong>or</strong>ds <strong>or</strong> business assets and find out<br />
m<strong>or</strong>e about how your business operates. We only visit if we think it is necessary.<br />
A visit can help us complete the check m<strong>or</strong>e quickly and effectively.<br />
How we arrange a visit<br />
<strong>Visits</strong> are n<strong>or</strong>mally carried out <strong>with</strong> your <strong>agreement</strong>. We will contact you <strong>by</strong> phone<br />
<strong>or</strong> letter to arrange a date and time f<strong>or</strong> the visit. We will usually give you at least<br />
seven days <strong>notice</strong>. If you need to change the appointment, please let us know as<br />
soon as possible.<br />
If we have not been able to get your <strong>agreement</strong> to a visit, we may still need<br />
to visit your business premises to carry out an inspection. If we do, we will give<br />
you <strong>advance</strong> <strong>notice</strong>. We will also give you a <strong>notice</strong> of inspection. This is a legal<br />
document that allows us to inspect your business premises, assets and statut<strong>or</strong>y<br />
rec<strong>or</strong>ds. Statut<strong>or</strong>y rec<strong>or</strong>ds are the rec<strong>or</strong>ds that tax laws say a person must keep.<br />
In some circumstances we may carry out an inspection <strong>with</strong>out giving <strong>advance</strong><br />
<strong>notice</strong> <strong>or</strong> seeking <strong>agreement</strong>. You can find m<strong>or</strong>e inf<strong>or</strong>mation about this in factsheet<br />
CC/FS4 Unannounced visits f<strong>or</strong> inspections and CC/FS5 Unannounced visits f<strong>or</strong><br />
inspections approved <strong>by</strong> the tribunal. Details of how you can get a copy of these<br />
factsheets are shown in the right hand panel of this factsheet.<br />
If you do not think we should visit, please tell us why. We will explain why we want<br />
to visit you and why we think a visit is the best way to carry out our check. There may<br />
be other options f<strong>or</strong> us to get the inf<strong>or</strong>mation we need.<br />
About the visit<br />
You do not have to be present at the visit, but it will be helpful if you are. This will<br />
allow us to ask you any questions we may have about your business and how it<br />
operates, and discuss the outcome of the visit <strong>with</strong> you. This will help us complete<br />
the check as quickly as possible and reduce any inconvenience that it may cause you.<br />
If you cannot be there, someone else must be there to give us access to any assets<br />
<strong>or</strong> rec<strong>or</strong>ds that we need to see. We will n<strong>or</strong>mally let you know in <strong>advance</strong> what<br />
rec<strong>or</strong>ds <strong>or</strong> assets we need to see. If we have given you a <strong>notice</strong> of inspection,<br />
this will give you details of what we need to inspect and when.<br />
If you have an adviser we may contact them to tell them about our check. You can<br />
ask your adviser to be there when we visit. If you prefer, we may be able to look at<br />
your rec<strong>or</strong>ds in your adviser’s office <strong>or</strong> in our office. Please let us know if this is the<br />
case. You can find inf<strong>or</strong>mation about appointing an adviser in the right hand panel<br />
of this factsheet.<br />
Customers <strong>with</strong> particular<br />
needs<br />
If there is anything about your health<br />
<strong>or</strong> personal circumstances that may<br />
make it difficult f<strong>or</strong> you to deal <strong>with</strong><br />
this check, please tell the officer that<br />
is carrying out the check. Telling them<br />
will mean that they can help you in the<br />
most appropriate way.<br />
F<strong>or</strong> example, if:<br />
• English is not your first language<br />
• you would like us to use a certain<br />
f<strong>or</strong>mat to communicate <strong>with</strong> you,<br />
f<strong>or</strong> example, Braille <strong>or</strong> Text Relay<br />
• you would like us to visit you<br />
at home because it is difficult f<strong>or</strong> you<br />
to get to one of our offices.<br />
F<strong>or</strong> m<strong>or</strong>e inf<strong>or</strong>mation go to<br />
www.hmrc.gov.uk/contactus/<br />
particular-needs.htm<br />
If you need help <strong>or</strong><br />
m<strong>or</strong>e inf<strong>or</strong>mation<br />
If you have any questions, please<br />
contact the officer dealing <strong>with</strong><br />
the check. You can also look f<strong>or</strong> the<br />
inf<strong>or</strong>mation you need on our website.<br />
Go to hmrc.gov.uk<br />
Auth<strong>or</strong>ising a representative<br />
You can auth<strong>or</strong>ise someone to deal<br />
<strong>with</strong> us on your behalf. This includes<br />
professional tax advisers, friends <strong>or</strong><br />
relatives. They can deal <strong>with</strong> us just<br />
f<strong>or</strong> a compliance check, <strong>or</strong> m<strong>or</strong>e<br />
permanently f<strong>or</strong> your day to day<br />
tax affairs.<br />
If you want to auth<strong>or</strong>ise a professional<br />
tax adviser, they will be able to give<br />
you a f<strong>or</strong>m to complete and send to<br />
us. If you want to auth<strong>or</strong>ise someone<br />
other than a professional tax adviser,<br />
you will need to write to tell us who<br />
you want to auth<strong>or</strong>ise and what you<br />
want them to deal <strong>with</strong> f<strong>or</strong> you.<br />
CC/FS3 Page 1 <strong>HM</strong>RC 08/12
A visit to a small business may take a few hours, but if your business is large <strong>or</strong><br />
complex, <strong>or</strong> if the matters we are looking at are complex, it may take several days.<br />
We do not usually need to talk to people who w<strong>or</strong>k f<strong>or</strong> you about our check.<br />
However, we may ask to speak to the people who keep your rec<strong>or</strong>ds up to date,<br />
such as payroll and finance rec<strong>or</strong>ds. We may also need to speak to some of the<br />
people who w<strong>or</strong>k f<strong>or</strong> you if we are looking at their employment status. If you do<br />
not want them to know about our visit, please let us know.<br />
We may need to take some of your rec<strong>or</strong>ds away to check in our own office. If we<br />
do, we will explain why. We will give you a receipt f<strong>or</strong> your rec<strong>or</strong>ds, keep them<br />
secure and return them to you as soon as we can. If you need them back sooner,<br />
we will make copies in our office and give these to you.<br />
If you have any business assets that are kept somewhere other than the premises<br />
we are visiting (f<strong>or</strong> example, if you have m<strong>or</strong>e than one premises), we may need to<br />
arrange a further visit to see them.<br />
What if you run your business from home<br />
We will n<strong>or</strong>mally only ever ask to visit you at home if you run your business from<br />
there. We may however need to value your private premises to check your Income<br />
Tax <strong>or</strong> C<strong>or</strong>p<strong>or</strong>ation Tax liability. We may also need to value property in your private<br />
premises to check your liability to Stamp Duty Land Tax, Stamp Duty Reserve Tax <strong>or</strong><br />
Inheritance Tax, <strong>or</strong> to check any liabilities that relate to Capital Gains Tax.<br />
Please tell us in <strong>advance</strong> if your business premises are also your home, <strong>or</strong> if you<br />
keep any stock <strong>or</strong> other assets at home. The visiting officer will only be able to<br />
enter those parts of your home which are used f<strong>or</strong> business purposes unless you<br />
invite them in <strong>or</strong> we are carrying out a valuation. If we visit you at your home<br />
<strong>with</strong>out knowing in <strong>advance</strong> that it is your home, we will only come in if you give<br />
your permission. If you do, we will ask f<strong>or</strong> your signature to confirm this.<br />
What if we have given you a <strong>notice</strong> of inspection<br />
and you fail to comply <strong>with</strong> it<br />
If we give you a <strong>notice</strong> of inspection and you do not allow us to carry out the<br />
inspection, we may ask an independent tribunal to approve an inspection. If they<br />
approve an inspection and you still do not allow us to carry it out, we will charge<br />
you a £300 penalty. You might also have to pay further penalties of up to £60<br />
a day until you allow us to carry out the inspection.<br />
If you have a reasonable excuse f<strong>or</strong> not allowing us to carry out an inspection that<br />
has been approved <strong>by</strong> the tribunal, we will not charge you a penalty. Please tell us<br />
straightaway if you think you have a reasonable excuse.<br />
A reasonable excuse is n<strong>or</strong>mally an unexpected <strong>or</strong> unusual event that is either<br />
unf<strong>or</strong>eseeable <strong>or</strong> beyond your control. What is <strong>or</strong> is not a reasonable excuse<br />
depends on an individual’s abilities and circumstances. Those abilities and<br />
circumstances may mean that what is a reasonable excuse f<strong>or</strong> one person may not<br />
be a reasonable excuse f<strong>or</strong> someone else. If you think you have a reasonable excuse<br />
please tell us. If we accept that you have a reasonable excuse, we will not charge<br />
a penalty.<br />
What if you are unhappy <strong>with</strong><br />
our service<br />
If you are unhappy <strong>with</strong> our service,<br />
please tell the person <strong>or</strong> office you<br />
have been dealing <strong>with</strong>. They will<br />
try to put things right. If you are still<br />
unhappy, they will tell you how<br />
to complain.<br />
There is m<strong>or</strong>e inf<strong>or</strong>mation on our<br />
website. Go to www.hmrc.gov.uk/<br />
complaints-appeals/how-to-complain/<br />
make-complaint.htm<br />
This factsheet relates to<br />
checks into:<br />
• Aggregates Levy<br />
• Bank payroll tax<br />
• Capital Gains Tax<br />
• Climate Change Levy<br />
• Construction Industry Scheme<br />
• C<strong>or</strong>p<strong>or</strong>ation Tax<br />
• Income Tax<br />
• Inheritance Tax<br />
• Insurance Premium Tax<br />
• Landfill Tax<br />
• National Insurance Classes 1, 1A<br />
and 4<br />
• Pay As You Earn (PAYE)<br />
• Petroleum <strong>Revenue</strong> Tax<br />
• Stamp Duty Land Tax<br />
• Stamp Duty Reserve Tax<br />
• VAT<br />
This factsheet is one in<br />
a series<br />
F<strong>or</strong> the full list of factsheets in our<br />
Compliance checks series, go to<br />
www.hmrc.gov.uk/compliance/<br />
factsheets.htm<br />
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Your principal rights and obligations<br />
• You have the right to be represented. You can appoint anyone to act on your<br />
behalf. This includes professional advisers, friends, and so on.<br />
• You have the right to consult your adviser. We will allow a reasonable amount of<br />
time f<strong>or</strong> you to do so.<br />
• We will protect inf<strong>or</strong>mation we obtain, receive <strong>or</strong> hold about you.<br />
• We can only ask you f<strong>or</strong> what is reasonable f<strong>or</strong> us to carry out our check. What is<br />
reasonable will depend on the circumstances of the check.<br />
• You have the right to complain if you believe that we have not treated you fairly.<br />
• You have an obligation to take care to get things right.<br />
• If you have an adviser, you must still take reasonable care to make sure that<br />
any returns, documents <strong>or</strong> details they send us on your behalf are c<strong>or</strong>rect.<br />
Your Charter explains what you can expect from us and what we expect from you<br />
F<strong>or</strong> m<strong>or</strong>e inf<strong>or</strong>mation go to www.hmrc.gov.uk/charter<br />
The Human Rights Act and your privacy<br />
Article 8 of the Human Rights Act gives you the right to respect f<strong>or</strong> your private<br />
and family life, your home and your c<strong>or</strong>respondence. We have the right to carry out<br />
an inspection in a reasonable and prop<strong>or</strong>tionate way even when it conflicts <strong>with</strong><br />
your rights. If you think our inspection is not reasonable and prop<strong>or</strong>tionate,<br />
tell us why.<br />
We have a range of services<br />
f<strong>or</strong> people <strong>with</strong> disabilities,<br />
including guidance in<br />
Braille, audio and large<br />
print. Most of our f<strong>or</strong>ms are<br />
also available in large print.<br />
Please contact us on any<br />
of our phone helplines if<br />
you need these services.<br />
These notes are f<strong>or</strong> guidance only and<br />
reflect the position at the time of writing.<br />
They do not affect any right of appeal.<br />
<strong>HM</strong>RC Digital Service<br />
August 2012 © Crown copyright 2012<br />
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