COP8 / COP9
HMRC can issue a Code of Practice 8 leaflet where the suspect all taxes have not been paid, usually as a result of a suspected failed tax avoidance scheme. In situations involving suspected serious tax fraud HMRC will issue a Code of Practice 9 leaflet.
Code of Practice 8 Investigations
Individuals and businesses can receive enquiries under COP8 where the matters are complex, unusual and/or involve significant tax loss. Commonly this is the case when taxpayers have participated in a tax avoidance scheme or tax planning arrangements that are suspected by HMRC as not being effective.
If you believe this is relevant to you either before HMRC have contacted you or you have already been notified of an enquiry get in contact with us for a free initial confidential consultation as the means of resolving a COP8 investigation is not formalised and should be carefully considered.
Code of Practice 9 Investigations
HMRC will pursue a tax investigation under COP9 if they believe there is a serious loss of tax due to tax fraud or tax evasion. If you receive a notification under COP9 you can admit to committing fraud and make a full and complete disclosure of all tax irregularities under the Contractual Disclosure Facility. If full and complete disclosure is made the individual will not be considered for prosecution. On the other hand you can deny the accusation if you believe you have not committed tax fraud. As you do not have anything to declare HMRC will conduct their own enquiry.
With either position it is very important you seek correct advice when dealing with HMRC on COP9 matters. The consequences of not following the correct procedure and disclosing accurately can be significant.
If you believe this is relevant to you either before HMRC have contacted you or you have already been notified of an enquiry get in contact with us for a free initial confidential consultation.


