When tax returns provoke an HMRC investigation, it is sometimes the case that they will look back into an individual or company's historical tax affairs. As a basic rule, they can go back 4 years, but will go back as far as 20 years if they feel it's warranted.
HMRC can open a full enquiry into a tax return if they give notice to the taxpayer and do so within the time limit. The time limit allowed is basically 12 months from when the return was filed, if that occurred on or before the filing date (the 31st January following the end of the tax year on 5 April).
The basic rule for the IRS' ability to look back into the past and conduct a tax audit is that the agency has three years from your filing date to audit your tax filing for that year. However, taxpayers who fail to include all sources of their income may face a longer time period.
Statute of limitations
The normal time limit for making assessments is four years following the end of the tax year.
HMRC will investigate in detail and retrospectively based on the case and how serious it is. If they suspect deliberate tax evasion, they can investigate as far as 20 years. Investigations into careless tax returns can go back 6 years and investigations into innocent errors can go backup up to 4 years.
How long to keep your records. You must keep your records for at least 5 years after the 31 January submission deadline of the relevant tax year. HM Revenue and Customs ( HMRC ) may check your records to make sure you're paying the right amount of tax.
As a general rule, there is a ten year statute of limitations on IRS collections. This means that the IRS can attempt to collect your unpaid taxes for up to ten years from the date they were assessed. Subject to some important exceptions, once the ten years are up, the IRS has to stop its collection efforts.
If you haven't filed your federal income tax return for this year or for previous years, you should file your return as soon as possible regardless of your reason for not filing the required return.
HM Revenue and Customs does prosecute people for failing to declare their income, but there are relatively few prosecutions every year. You are unlikely to be prosecuted if you voluntarily disclose your failure to HM Revenue and Customs before they have any suspicion of wrongdoing.
What triggers an investigation? HMRC claims compliance checks are usually triggered when figures submitted on a return appear to be wrong in someway. If a small company suddenly makes a large claim for VAT, or a business with a large turnover declares a very small amount of tax, this will likely be flagged-up by HMRC.
On average, tax audits can be expected every five years or so, while only a few per cent of income tax and corporation tax returns are investigated each year. But the frequency of tax audits and the likelihood of in-depth tax investigations increases if HMRC suspects that tax is being underpaid.
Income tax evasion penalties – summary conviction is 6 months in jail or a fine up to £5,000. The maximum penalty for income tax evasion in the UK is seven years in prison or an unlimited fine. Evasion of VAT – in the magistrate's court, the maximum sentence is 6 months in jail or a fine of up to £20,000.
How do I know if HMRC is investigating me? Every tax investigation starts with a brown envelope marked 'HMRC' falling through your letterbox. Your company records will face varying degrees of scrutiny, depending on the reason the investigation has been launched.
Currently, the answer to the question is a qualified 'yes'. If HMRC is investigating a taxpayer, it has the power to issue a 'third party notice' to request information from banks and other financial institutions. It can also issue these notices to a taxpayer's lawyers, accountants and estate agents.
If you don't respond, the IRS will issue a notice of deficiency. At this point, the tax is considered owed by you and the IRS can begin the collection process. To encourage payment, a levy can be placed on your wages or bank accounts. A federal tax lien may also be placed against your home and real estate.
Penalties can include significant fines and even prison time. Luckily, the government has a limited amount of time in which it can file a criminal charge against you for tax evasion. If the IRS chooses to pursue charges, this must be done within six years after the date the tax return was due.
Penalties for tax evasion and fraud
If you have not filed a tax return, you could be charged with a summary offence under the Income Tax Act. If you are found guilty, the penalties can include substantial fines and a prison sentence.
One-time forgiveness, otherwise known as penalty abatement, is an IRS program that waives any penalties facing taxpayers who have made an error in filing an income tax return or paying on time. This program isn't for you if you're notoriously late on filing taxes or have multiple unresolved penalties.
If you still refrain from paying, the IRS obtains a legal claim to your property and assets ("lien") and, after that, can even seize that property or garnish your wages ("levy"). In the most serious cases, you can even go to jail for up to five years for committing tax evasion.
If you fail to file your taxes, you'll be assessed a failure to file penalty. This penalty is 5% per month for each month you haven't filed up to a maximum of 25% over 5 months. If you failed to pay, you'll also have 1/2 of 1% “failure to pay penalty” per month assessed against you.
Information can come from a variety of sources: on-line search, door to door enquiries, reports from members of the public or from relatives, information from other government departments, investigations into other businesses, among others. HMRC uses very sophisticated software called Connect.
Use your personal tax account to check your records and manage your details with HM Revenue and Customs (HMRC). This service is also available in Welsh (Cymraeg). To use this service, you'll need to prove your identity using Government Gateway.
What happens if you do not reply to HMRC's letter. If HMRC do not hear from you within the 60 days, either to accept or reject the offer of CDF , they'll assume you have chosen not to co-operate. HMRC will begin either a civil or a criminal investigation into the suspected tax fraud.
HMRC carries out compliance checks on a proportion of returns to check their accuracy. Some checks will be completely random, while others will be made on businesses operating in 'at risk' sectors or where prior risk assessments have been conducted.