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CODE OF PRACTICE 9 (CoP9)

Code of Practice 9 is reserved for cases where HMRC suspects serious tax fraud. Don’t panic: as long as you don’t hide, you’re not likely to lose your liberty. But act quickly!

HM Revenue and Custom’s (HMRC) Code of Practice 9 (CoP9) is the basis of the contractual disclosure facility (CDF). The CDF is HMRC’s most powerful weapon short of prosecution. The good news for a taxpayer is that if they are selected for the CoP9 process, it is a clear indication that HMRC does not intend or desire to prosecute them.

If you have been notified by HMRC that you are under suspicion of serious tax fraud and are considering Code of Practice 9, it’s vital to act straight away. It is also vital that you get advice from a tax investigation specialist, HMRC themselves recommend taxpayers seek specialist advice. Contact one of our specialist advisors, in full confidence, now.

HOW CAN WE HELP?

inTAX advisors include ex-HMRC (formerly Inland Revenue) tax inspectors, with many years’ experience of dealing with tax investigations, tax problems, tax enquiries, voluntary disclosures and Code of Practice 9. It’s what we do.

We can guide you through the CoP9 process and act as your representative and agent, ensuring you have minimum contact with HMRC and safeguarding your best interests. We aim to settle any tax investigation within a timescale that suits you and on the best terms possible.

We can help you by:

  • Explaining the CoP9 tax investigation process and helping you through it.
  • Liaising with HMRC on your behalf.
  • Making sure you don’t pay too much tax.
  • Making sure HMRC stick to the rules.
  • ​Negotiating settlements on the best possible terms.
  • Minimising any applicable penalty.
  • ​Negotiating time to pay.
"If HMRC prosecute you for tax offences,
there is a real risk of jail time."

If you have received an invitation to participate in the Contractual Disclosure Facility (CDF) Code of Practice 9 (CoP9), this is what could happen:

  • HMRC can prosecute you for tax offences if you don’t participate properly. There is a real risk of jail time.
  • Take over the investigation themselves. This will involve them contacting financial institutions such as banks and mortgage lenders, suppliers, customers, accountants.
  • Penalties for onshore offences are a maximum of 100% of the tax, for offshore 200% of the tax. Penalties are reduced for various reasons, but can broadly be termed as ‘co-operation’. Financial Penalties will be significantly higher.
  • ​​If maximum reduction in penalties is not achieved, then your name, address, occupation, period of default, amount of tax underpaid, amount of penalties underpaid and ‘other information’ can be published on their website.
  • ​The investigation will be longer.
  • ​You may be put on the managing deliberate defaulters programme, meaning you are bound by more stringent rules for the following few years.
  • ​Your bank accounts could be closed.
  • ​Financial institutions refuse to lend money.
  • Suppliers or clients withdrawing from the relationship.
  • ​Liquidation of business or bankruptcy if the tax bill is not paid.

THE COST OF INACTION...

If you have not received an invitation but you, or someone acting on your behalf has committed a fraud, you are advised, while holding the hand of a specialist adviser, to apply for CoP9. The cost of inaction is:

  • If and when HMRC discover the fraud, they could prosecute and there is a real possibility of jail time.
  • Penalties are much reduced for a voluntary disclosure. If HMRC discover the fraud the absolute minimum penalty will be 35% of the tax instead of 20%, and could be much higher.
  • HMRC might not offer you the CDF, and might investigate themselves before contacting you. See points above.
  • The investigation will be longer.
  • You may be put on the managing deliberate defaulters programme, meaning you are bound by more stringent rules for the following few years.
  • There will be additional stress while you continue to look over your shoulder for 20 years (the time limit for collecting tax where fraud has occurred).

WHAT IS THE BEST OUTCOME?

At the end of the investigation, you and/or your business will have a clean bill of health. You can focus on moving forward and the business. Ideally, we will agree minimum penalties with HMRC because (hopefully) you will have co-operated. This means you have a settlement that you can live with and time to pay that settlement. Most importantly you have peace of mind. 

Tax investigations can have a horrible impact on business and personal relationships.

SHOULD I GET SPECIALIST ADVICE?

A HMRC’s Code of Practice 9 leaflet specifically suggests that you engage an independent specialist adviser. Even if your current adviser is well versed in the CoP9 or other tax investigations, it is sensible to take a step back and look at the case with fresh eyes. This will also help maintain your existing relationships. InTAX will work in conjunction with your current representative to ensure you receive the best advice possible.

Code of Practice 9 is a very serious investigation and it is imperative you get the best advice to ensure that the matter proceeds down a civil route and to ensure that financial penalties are kept to a minimum.

For a professional, fuss-free solution to any tax problem, large or small, request a free call back from one of our tax consultants by clicking the button below.

CODE OF PRACTICE 9 (CoP9)

Code of Practice 9 is reserved for cases where HMRC suspects serious tax fraud. Don’t panic: as long as you don’t hide, you’re not likely to lose your liberty. But act quickly!

HM Revenue and Custom’s (HMRC) Code of Practice 9 (CoP9) is the basis of the contractual disclosure facility (CDF). The CDF is HMRC’s most powerful weapon short of prosecution. The good news for a taxpayer is that if they are selected for the CoP9 process, it is a clear indication that HMRC does not intend or desire to prosecute them.

If you have been notified by HMRC that you are under suspicion of serious tax fraud and are considering Code of Practice 9, it’s vital to act straight away. It is also vital that you get advice from a tax investigation specialist, HMRC themselves recommend taxpayers seek specialist advice. Contact one of our specialist advisors, in full confidence, now.

HOW CAN WE HELP?

inTAX advisors include ex-HMRC (formerly Inland Revenue) tax inspectors, with many years’ experience of dealing with tax investigations, tax problems, tax enquiries, voluntary disclosures and Code of Practice 9. It’s what we do.

We can guide you through the CoP9 process and act as your representative and agent, ensuring you have minimum contact with HMRC and safeguarding your best interests. We aim to settle any tax investigation within a timescale that suits you and on the best terms possible.

We can help you by:

  • Explaining the CoP9 tax investigation process and helping you through it.
  • Liaising with HMRC on your behalf.
  • Making sure you don’t pay too much tax.
  • Making sure HMRC stick to the rules.
  • ​Negotiating settlements on the best possible terms.
  • Minimising any applicable penalty.
  • ​Negotiating time to pay.
"If HMRC prosecute you for tax offences,
there is a real risk of jail time."

If you have received an invitation to participate in the Contractual Disclosure Facility (CDF) Code of Practice 9 (CoP9), this is what could happen:

  • HMRC can prosecute you for tax offences if you don’t participate properly. There is a real risk of jail time.
  • Take over the investigation themselves. This will involve them contacting financial institutions such as banks and mortgage lenders, suppliers, customers, accountants.
  • Penalties for onshore offences are a maximum of 100% of the tax, for offshore 200% of the tax. Penalties are reduced for various reasons, but can broadly be termed as ‘co-operation’. Financial Penalties will be significantly higher.
  • ​​If maximum reduction in penalties is not achieved, then your name, address, occupation, period of default, amount of tax underpaid, amount of penalties underpaid and ‘other information’ can be published on their website.
  • ​The investigation will be longer.
  • ​You may be put on the managing deliberate defaulters programme, meaning you are bound by more stringent rules for the following few years.
  • ​Your bank accounts could be closed.
  • ​Financial institutions refuse to lend money.
  • Suppliers or clients withdrawing from the relationship.
  • ​Liquidation of business or bankruptcy if the tax bill is not paid.

THE COST OF INACTION...

If you have not received an invitation but you, or someone acting on your behalf has committed a fraud, you are advised, while holding the hand of a specialist adviser, to apply for CoP9. The cost of inaction is:

  • If and when HMRC discover the fraud, they could prosecute and there is a real possibility of jail time.
  • Penalties are much reduced for a voluntary disclosure. If HMRC discover the fraud the absolute minimum penalty will be 35% of the tax instead of 20%, and could be much higher.
  • HMRC might not offer you the CDF, and might investigate themselves before contacting you. See points above.
  • The investigation will be longer.
  • You may be put on the managing deliberate defaulters programme, meaning you are bound by more stringent rules for the following few years.
  • There will be additional stress while you continue to look over your shoulder for 20 years (the time limit for collecting tax where fraud has occurred).

WHAT IS THE BEST OUTCOME?

At the end of the investigation, you and/or your business will have a clean bill of health. You can focus on moving forward and the business. Ideally, we will agree minimum penalties with HMRC because (hopefully) you will have co-operated. This means you have a settlement that you can live with and time to pay that settlement. Most importantly you have peace of mind. 

Tax investigations can have a horrible impact on business and personal relationships.

SHOULD I GET SPECIALIST ADVICE?

A HMRC’s Code of Practice 9 leaflet specifically suggests that you engage an independent specialist adviser. Even if your current adviser is well versed in the CoP9 or other tax investigations, it is sensible to take a step back and look at the case with fresh eyes. This will also help maintain your existing relationships. InTAX will work in conjunction with your current representative to ensure you receive the best advice possible.

Code of Practice 9 is a very serious investigation and it is imperative you get the best advice to ensure that the matter proceeds down a civil route and to ensure that financial penalties are kept to a minimum.

For a professional, fuss-free solution to any tax problem, large or small, request a free call back from one of our tax consultants by clicking the button below.

Testimonials:

Testimonials:

"The nightmare of a tax investigation started for me three years ago. I did not know who to turn to or where the consequences of my past actions would lead. I was fortunate enough to be advised to meet with both Jacqui Fleming and her colleague, and with their huge wealth of experience they have led me through the confusing and threatening maze of dealing with HMRC in a calm, confident and professional manner and helped restore my life to normality.

I had a very complicated case and it was handled with huge care by them both and a mutual trust enabled a comprehensive report to be submitted to HMRC satisfying all that was required. I cannot recommend inTAX too strongly and have the confidence that my best interests are being protected at a very difficult time by people who have become wonderful friends."

Mr SJ, Crewe

"Having received a final demand for a large sum of VAT from the HMRC along with the threat of court action and debt collectors arriving at my home within weeks, I had been unable to find a firm of tax specialists able to understand my complex circumstances and was concerned I had nowhere to go for help and advice. 

inTAX were recommended to me by a large firm of Solicitors and provided a personal and professional service which has helped to ensure the matter be resolved in my favour. Both partners met with me at the initial meeting, were able to understand the complex company tax situation I had found myself in, and Jacqui continued to correspond with me on a regular basis until the matter was fully resolved. I would definitely recommend inTax."

Mr PA, Sheffield

"The nightmare of a tax investigation started for me three years ago. I did not know who to turn to or where the consequences of my past actions would lead. I was fortunate enough to be advised to meet with both Jacqui Fleming and her colleague, and with their huge wealth of experience they have led me through the confusing and threatening maze of dealing with HMRC in a calm, confident and professional manner and helped restore my life to normality.

I had a very complicated case and it was handled with huge care by them both and a mutual trust enabled a comprehensive report to be submitted to HMRC satisfying all that was required. I cannot recommend inTAX too strongly and have the confidence that my best interests are being protected at a very difficult time by people who have become wonderful friends."

Mr SJ, Crewe

"Having received a final demand for a large sum of VAT from the HMRC along with the threat of court action and debt collectors arriving at my home within weeks, I had been unable to find a firm of tax specialists able to understand my complex circumstances and was concerned I had nowhere to go for help and advice. 

inTAX were recommended to me by a large firm of Solicitors and provided a personal and professional service which has helped to ensure the matter be resolved in my favour. Both partners met with me at the initial meeting, were able to understand the complex company tax situation I had found myself in, and Jacqui continued to correspond with me on a regular basis until the matter was fully resolved. I would definitely recommend inTax."

Mr PA, Sheffield

ABOUT US:

The firm takes pride in offering excellent client service, helping to resolve tax problems in the most stress-free, cost efficient method possible. Its aim is to ease the pressure on clients to allow them to focus their energies on their businesses, families and private lives.

If you’re looking to seek advice, please request a free call back from our experienced advisers now.

Having also worked for some of the UK’s largest accountancy firms, we are specialists in tax investigations and tax enquiries of all descriptions. We have considerable experience and up to date knowledge of the various Disclosure Facilities (such as the Contractual Disclosure Facility (CDF)/Code of Practice 9 (CoP9)) and tax fraud investigations, whether conducted by HMRC or the National Crime Agency (formerly the Serious Organised Crime Agency), and tax avoidance schemes such as Employee Benefit Trusts (EBTs) and Contractor Loans, or the much publicised IR35.

But we don’t just deal with the serious end of tax investigations; we are also happy to handle small enquiries, disputes and problems that can be equally as worrying for our clients.

We work directly with clients, or through accountants, tax advisers, lawyer and solicitors. Due to our size we offer a level of confidentiality that larger firms are unable to guarantee.

The staff at inTAX include former Tax Inspectors, having worked for the Inland Revenue (now H M Revenue & Customs). We possess a valuable insight into the attitudes, approaches and procedures adopted by the tax authorities and we know what is and what is not acceptable.

ABOUT US:

The firm takes pride in offering excellent client service, helping to resolve tax problems in the most stress-free, cost efficient method possible. Its aim is to ease the pressure on clients to allow them to focus their energies on their businesses, families and private lives.

If you’re looking to seek advice, please request a free call back from our experienced advisers now.

Having also worked for some of the UK’s largest accountancy firms, we are specialists in tax investigations and tax enquiries of all descriptions. We have considerable experience and up to date knowledge of the various Disclosure Facilities (such as the Contractual Disclosure Facility (CDF)/Code of Practice 9 (CoP9)) and tax fraud investigations, whether conducted by HMRC or the National Crime Agency (formerly the Serious Organised Crime Agency), and tax avoidance schemes such as Employee Benefit Trusts (EBTs) and Contractor Loans, or the much publicised IR35.

But we don’t just deal with the serious end of tax investigations; we are also happy to handle small enquiries, disputes and problems that can be equally as worrying for our clients.

We work directly with clients, or through accountants, tax advisers, lawyer and solicitors. Due to our size we offer a level of confidentiality that larger firms are unable to guarantee.

The staff at inTAX include former Tax Inspectors, having worked for the Inland Revenue (now H M Revenue & Customs). We possess a valuable insight into the attitudes, approaches and procedures adopted by the tax authorities and we know what is and what is not acceptable.

JACQUI FLEMING:

Jacqui Fleming was employed by the Inland Revenue (now HMRC) for 17 years. Her final position before leaving in 2001 was inspector of taxes on the prosecution group, specifically dealing with ‘heavyweight’ criminal tax investigations.

Jacqui qualified as a Chartered Tax Advisor in 2004 while working for a specialist tax firm.

As well as her HMRC experience, she has worked for Chiltern plc, a prominent tax boutique, and two large accountancy firms, BDO and RSM Tenon, specialising in tax fraud, the Various Disclosure Facilities, and the CDF (Contractual Disclosure Facility), Code of Practice 9.

Jacqui also has a Professional Certificate in Accounting qualification.

As well as dealing with more serious tax investigations, Jacqui equally enjoys assisting clients who have smaller, less-serious tax enquiries.

Highly skilled at isolating HMRC’s concerns, and persuading it to disregard irrelevant, time-consuming issues, Jacqui is adept at focusing attention on the important topics, enabling a quicker resolution to cases for the client’s benefit.

Jacqui is frequently praised by her clients for her sympathetic approach to their problems, and for her friendly and non-judgmental nature.

Jacqui’s personal interests include golf, watching Formula One motor racing, socialising with family and friends and, in the few minutes she has spare, studying.

JACQUI FLEMING:

Jacqui Fleming was employed by the Inland Revenue (now HMRC) for 17 years. Her final position before leaving in 2001 was inspector of taxes on the prosecution group, specifically dealing with ‘heavyweight’ criminal tax investigations.

Jacqui qualified as a Chartered Tax Advisor in 2004 while working for a specialist tax firm.

As well as her HMRC experience, she has worked for Chiltern plc, a prominent tax boutique, and two large accountancy firms, BDO and RSM Tenon, specialising in tax fraud, the Various Disclosure Facilities, and the CDF (Contractual Disclosure Facility), Code of Practice 9.

Jacqui also has a Professional Certificate in Accounting qualification.

As well as dealing with more serious tax investigations, Jacqui equally enjoys assisting clients who have smaller, less-serious tax enquiries.

Highly skilled at isolating HMRC’s concerns, and persuading it to disregard irrelevant, time-consuming issues, Jacqui is adept at focusing attention on the important topics, enabling a quicker resolution to cases for the client’s benefit.

Jacqui is frequently praised by her clients for her sympathetic approach to their problems, and for her friendly and non-judgmental nature.

Jacqui’s personal interests include golf, watching Formula One motor racing, socialising with family and friends and, in the few minutes she has spare, studying.

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inTAX takes pride in offering excellent client service, helping to resolve tax problems in the most stress-free, cost efficient method possible. Its aim is to ease the pressure on clients to allow them to focus their energies on their businesses, families and private lives.
Got questions..?
Copyright 2019
All Rights Reserved
inTAX takes pride in offering excellent client service, helping to resolve tax problems in the most stress-free, cost efficient method possible. Its aim is to ease the pressure on clients to allow them to focus their energies on their businesses, families and private lives.
Got questions..?
Phone: 020 3137 7915
Copyright 2019
All Rights Reserved
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