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FTTM
20th November 2014, 12:15
Hi

Quick question. Tax year 05/06. Received the COP8 letter dated April 2008. Is it correct that HMRC only have 1 year after the filing deadline ( Jan 2007) in which to open a COP8?

Thanks

DonkeyRhubarb
20th November 2014, 13:00
Hi

Quick question. Tax year 05/06. Received the COP8 letter dated April 2008. Is it correct that HMRC only have 1 year after the filing deadline ( Jan 2007) in which to open a COP8?

Thanks

Yes.

Unless that April 2008 letter cites "discovery" then it's invalid.

Rob79
20th November 2014, 13:06
Hi

Quick question. Tax year 05/06. Received the COP8 letter dated April 2008. Is it correct that HMRC only have 1 year after the filing deadline ( Jan 2007) in which to open a COP8?

Thanks

This has been covered before so the following is brief.

HMRC has 1 year from the normal return filing date to open an enquiry.

If the return is late, they have 18 months from the later of the date of submission or the usual enquiry date.

The presence of a COP8 notice indicates that HMRC is using its powers of "discovery" (section 29 TMA 1970) and if so, they have 4 years in which to make an assessment or give notice of making an assessment.

This is dependent upon personal circumstances and you should take professional advice.

ahooke
20th November 2014, 21:06
So Rob,
are you saying there are still time limits of sort after a cop8.
I had cop8 notices 6 and 7 years ago and not a single word or correspondence since until the settlement letter in July. Should I have had an assessment or notice of assessment within that time?

bandemelbs
21st November 2014, 00:08
Good question; I'm in exactly the same boat. COP8 enquiry letters from 6+ years ago and nothing since except for the letter that came mid-year. No assessment figure and nothing showing on my Self Assessment log-in page.

vern19
21st November 2014, 08:05
Good question; I'm in exactly the same boat. COP8 enquiry letters from 6+ years ago and nothing since except for the letter that came mid-year. No assessment figure and nothing showing on my Self Assessment log-in page.

Once HMRC have issued a COP8 within Discovery time limits, they have no time limits on making their next move

Rob79
21st November 2014, 11:04
Once HMRC have issued a COP8 within Discovery time limits, they have no time limits on making their next move

I'd broadly agree with this.