HMRC have updated information (on 30 June 2023) on how to use its guidance. This includes when a taxpayer can rely on information and/or advice provided by HMRC. This is the first update since the original publication in March 2009.
The document covers; how to check the advice and information given give applies to a business, what a taxpayer can expect from HMRC, and what to do if you think you have incorrect information.
This covers enquiries made via:
- letters
- telephone calls
- pages on gov.uk
- webchat
- posts on social media
HMRC publishes information and guidance that can address common issues, but this does not always provide a definitive answer in every situation. If this is the case, a business can:
- contact HMRC
- get independent advice and information
- appoint someone to deal with HMRC on your behalf
Reliance on incorrect information
HMRC says:
“You may be able to rely on incorrect advice and information from HMRC, if it’s both:
- reasonable for you to expect this
- very unfair for HMRC to act in a different way from the advice and information given.”
HMRC will take a number of things into account when considering this. In some cases, there may be a strong reason for HMRC to act in a different way from the advice and information given.
Where relevant, HMRC will generally consider whether:
- you told HMRC about all the relevant facts
- HMRC’s advice and information was clear and certain
- you already relied on the advice and information and would be worse off if HMRC did not act in line with it
Once it is clear HMRC’s advice and/or information was incorrect, a taxpayer must make sure to use the correct advice and information going forward.
Right of appeal
There is no general right of appeal against the advice and information HMRC provides, except where rights of appeal are set out in statute.
NB: It is always worth considering the HMRC Charter which sets out what a taxpayer can expect from HMRC and what HMRC expects from a taxpayer.
That is all well and good, but I have written about this: VAT – Do as HMRC say…. and if you do… they may still penalise you!