Hi all,
I've set up this thread with the intention of starting a campaign to submit Data Protection Act requests (DPA) to the Revenue. The letter writing campaign to our MPs is starting to have an effect, and I think here we can make an even bigger difference, so I really want everyone to get involved.
The reasons for this campaign are two-fold:
1. To obtain all information that HMRC holds on us with the intention that they may slip up and provide us with vital information. It also provides a record of your file at this moment in time, so the Revenue cannot add anything that has been backdated and claim it was always there. If I had thought of this before, I would have done it a lot earlier. Then I wouldnt have received a "backdated" enquiry letter into a closed tax return.
2. The unfortunate side effect of completely overwhelming HMRC with a mountain of correspondence and paperwork. Obviously this is not our intention, so just to let you know, I am really sorry MrYouKnowWho (TM)
and it obviously has nothing to do with the "newsletter" you sent to us all 
The first post will act as a placeholder and I'll add further information as it becomes available.
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What can I submit a DPA request for?
Any information held by the Revenue about yourself. HMRC can refuse to disclose information that may prejudice their case, otherwise they have no reason not to honour the request. If in doubt send the request in anyway and let the Revenue spend their time deciding whether or not it can be honoured. You have nothing to lose.
What happens if the Revenue don't reply?
Data Protection Act requests must be honoured within a 40 calendar (not working) day deadline by law, however HMRC seem to show contempt for this. You should follow up your requests with reminders and telephone calls.
I will be providing names and telephone numbers of people to follow up to in due course. There is also the Information Commisioner whom you may complain to if HMRC do not provide a satisfactory response.
Is there a fee for making the DPA request?
No.
What information should I submit a DPA request for
Lets make it easy for HMRC and just request your entire file. The pages should be numbered so you can detect any gaps. You might be suprised what you read as there could be personal comments written by the investigating officers.
Do it online
For the terminally lazy
here's a link to submit a DPA request online:
https://online.hmrc.gov.uk/shortform...ww.hmrc.gov.uk
Firstly you'll need your tax reference which can be found on your self assesment statement in the top right corner and also your national insurance number.
Part "A" is quite straightforward.
In part "B", tick the "Income Tax" box as it relates to your self assesment.
For part "C", you shouldn't have to give any specific details, but if you want to put "all electronic and written information held in my name" then do so. Or if you want to be clever, try requesting something more obscure
Links:
Here's a link to an article on accounting web where the author has requested his file many times:
http://www.accountingweb.co.uk/cgi-b...1019&id=182254
Interesting excerpt from the article:
"What do you get? Well in my case just about everything - the pages were numbered so I could quickly detect any gaps. The information was excruciatingly embarrassing for HMRC with the investigating officer admitting that the case was not a big one and a senior officer saying that he wanted it closed down ASAP."
This is a link to the HMRC guide for submitting DPA requests:
http://www.hmrc.gov.uk/leaflets/dp-fs1.htm#5
Specific Cases
I am currently disputing a closure notice for a year that neither I nor Montpelier received an enquiry letter. HMRC subsequently produced an enquiry notice that I believe was backdated. As far as I am concerned, this is not good enough. I would have to produce evidence that I posted my tax return if it did not arrive in time, so why not the other way round!!!
So aswell as asking HMRC for my file, I have written to them requesting proof of postage and proof that the enquiry letter was sent. Currently, HMRC are 56 days late in responding to my request which is frankly illegal!
Also, a very important point to note:
If I have to later argue in court that I didn't receive an enquiry notice for the disputed tax year, I will have a file of letters that show Mr YouKnowWho (TM) does not have proof it had been sent.
This brings me to my next point:
What do to if your DPA request is not honoured within 40 calendar days
If you have not received the requested information within 40 calendar (not business) days, the next stage is to write a letter to the Revenue reminding them they have missed their deadline and are breaking the law.
If no reasonable reply is received soon after or you are told its in the post/sent by carrier pidgeon/arriving by donkey, your next step is to make a complaint to the Information Commissioner. Again, for you armchair complainers out there, there's a web link:
https://forms.ico.gov.uk/data-protection-complaint.aspx
The blurb on the website states "First, tell the organisation concerned and give it an opportunity to put things right". OK, so you've obviously done that with your letter above.
When you fill in the form, add the initial and followup letters with the "Add Supporting Documents". Also scanned letters of replies will be helpful. I accused HMRC of backdating enquiry letters and got a really nice rude reply back, so I used that as proof they had received my DPA request
How to get definitive proof of whether a tax year was put under enquiry within the allowed time
Special thanks go to the user "bollox" for this one.
Request a document entitled "View Compliance Summary", reference number 'CMP001B'.
Also request the 'View Compliance History' which has a ref of 'CMP006B' . This has dates for opening and closing of each enquiry, its also has the case owner.
I have requested these documents now, so wil be interesting to see what I get.
Poll now added, so please update it when you have fired off a DPA request.
Thanks and may the force be with you!
Santa
P.S. MORE TO BE ADDED LATER
I've set up this thread with the intention of starting a campaign to submit Data Protection Act requests (DPA) to the Revenue. The letter writing campaign to our MPs is starting to have an effect, and I think here we can make an even bigger difference, so I really want everyone to get involved.
The reasons for this campaign are two-fold:
1. To obtain all information that HMRC holds on us with the intention that they may slip up and provide us with vital information. It also provides a record of your file at this moment in time, so the Revenue cannot add anything that has been backdated and claim it was always there. If I had thought of this before, I would have done it a lot earlier. Then I wouldnt have received a "backdated" enquiry letter into a closed tax return.
2. The unfortunate side effect of completely overwhelming HMRC with a mountain of correspondence and paperwork. Obviously this is not our intention, so just to let you know, I am really sorry MrYouKnowWho (TM)
and it obviously has nothing to do with the "newsletter" you sent to us all The first post will act as a placeholder and I'll add further information as it becomes available.
-----------------------------------------------------------------------
What can I submit a DPA request for?
Any information held by the Revenue about yourself. HMRC can refuse to disclose information that may prejudice their case, otherwise they have no reason not to honour the request. If in doubt send the request in anyway and let the Revenue spend their time deciding whether or not it can be honoured. You have nothing to lose.
What happens if the Revenue don't reply?
Data Protection Act requests must be honoured within a 40 calendar (not working) day deadline by law, however HMRC seem to show contempt for this. You should follow up your requests with reminders and telephone calls.
I will be providing names and telephone numbers of people to follow up to in due course. There is also the Information Commisioner whom you may complain to if HMRC do not provide a satisfactory response.
Is there a fee for making the DPA request?
No.
What information should I submit a DPA request for
Lets make it easy for HMRC and just request your entire file. The pages should be numbered so you can detect any gaps. You might be suprised what you read as there could be personal comments written by the investigating officers.
Do it online
For the terminally lazy
here's a link to submit a DPA request online:https://online.hmrc.gov.uk/shortform...ww.hmrc.gov.uk
Firstly you'll need your tax reference which can be found on your self assesment statement in the top right corner and also your national insurance number.
Part "A" is quite straightforward.
In part "B", tick the "Income Tax" box as it relates to your self assesment.
For part "C", you shouldn't have to give any specific details, but if you want to put "all electronic and written information held in my name" then do so. Or if you want to be clever, try requesting something more obscure
Links:
Here's a link to an article on accounting web where the author has requested his file many times:
http://www.accountingweb.co.uk/cgi-b...1019&id=182254
Interesting excerpt from the article:
"What do you get? Well in my case just about everything - the pages were numbered so I could quickly detect any gaps. The information was excruciatingly embarrassing for HMRC with the investigating officer admitting that the case was not a big one and a senior officer saying that he wanted it closed down ASAP."
This is a link to the HMRC guide for submitting DPA requests:
http://www.hmrc.gov.uk/leaflets/dp-fs1.htm#5
Specific Cases
I am currently disputing a closure notice for a year that neither I nor Montpelier received an enquiry letter. HMRC subsequently produced an enquiry notice that I believe was backdated. As far as I am concerned, this is not good enough. I would have to produce evidence that I posted my tax return if it did not arrive in time, so why not the other way round!!!
So aswell as asking HMRC for my file, I have written to them requesting proof of postage and proof that the enquiry letter was sent. Currently, HMRC are 56 days late in responding to my request which is frankly illegal!
Also, a very important point to note:
If I have to later argue in court that I didn't receive an enquiry notice for the disputed tax year, I will have a file of letters that show Mr YouKnowWho (TM)
does not have proof it had been sent.This brings me to my next point:
What do to if your DPA request is not honoured within 40 calendar days
If you have not received the requested information within 40 calendar (not business) days, the next stage is to write a letter to the Revenue reminding them they have missed their deadline and are breaking the law.
If no reasonable reply is received soon after or you are told its in the post/sent by carrier pidgeon/arriving by donkey, your next step is to make a complaint to the Information Commissioner. Again, for you armchair complainers out there, there's a web link:
https://forms.ico.gov.uk/data-protection-complaint.aspx
The blurb on the website states "First, tell the organisation concerned and give it an opportunity to put things right". OK, so you've obviously done that with your letter above.
When you fill in the form, add the initial and followup letters with the "Add Supporting Documents". Also scanned letters of replies will be helpful. I accused HMRC of backdating enquiry letters and got a really nice rude reply back, so I used that as proof they had received my DPA request
How to get definitive proof of whether a tax year was put under enquiry within the allowed time
Special thanks go to the user "bollox" for this one.
Request a document entitled "View Compliance Summary", reference number 'CMP001B'.
Also request the 'View Compliance History' which has a ref of 'CMP006B' . This has dates for opening and closing of each enquiry, its also has the case owner.
I have requested these documents now, so wil be interesting to see what I get.
Poll now added, so please update it when you have fired off a DPA request.
Thanks and may the force be with you!
Santa
P.S. MORE TO BE ADDED LATER
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