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20 questions: HMRC’s civil and criminal powers

A detailed guide by Adam Craggs and Constantine Christofi (RPC).


Civil investigations


1. What are HMRC’s main investigatory powers?

HMRC has a range of powers that enable it to check a person’s tax position including the following:

Compliance checks

A compliance check is any action taken by HMRC to check a person’s position in relation to any of the major direct or indirect taxes. Examples of compliance checks include:

  • enquiries into self-assessment tax returns (SATRs);
  • enquiries into land transaction returns for stamp duty land tax purposes;
  • VAT assurance visits; and
  • employer compliance reviews.

Compliance checks can also be used before a tax return has been or is required to be submitted. This is known as a pre-return check and is generally only carried out where HMRC believes there is a material tax risk (and perhaps where there has been a history of non-compliance)....

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