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COP8 vs Discovery Assesment - Questions

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    COP8 vs Discovery Assesment - Questions

    Hi - i was wondering if anyone might knowthe answer , or at least have an idea or opinion on the following questions:

    1) Did all the people who recieved discovery letters for 08/09 already have open COP8 investigations?

    2) Why did the discovery letters only start for the period 08/09 and not prior to that?

    3) If you have an open COP8 for years prior to 08/09 and there has been no progress or correspondence for 5 years , can you force HMRC to close the enquiry?

    Many Thanks
    Last edited by FTTM; 6 February 2014, 15:39. Reason: politeness added

    #2
    I am no expert will try and help with what I know
    1) I don't think so.
    2) Discovery notice has to be done within 4 years. In many cases, HMRC might be wrong to issue a Discovery notice if tax return has all the details - DOTAS etc. Anyways, it looks like HMRC did not wanted to let the 4 year window pass and thus issued Discovery to all for 08/09 before Apr 13.
    3) Unfortunately not. Once HMRC have opened an investigation they can keep it open for a very long time.

    Above is best to my knowledge and if you can, get confirmation from your tax advisor. It is best for a tax advisor to deal with HMRC.

    If you are not yet aware this is very important as well
    https://www.gov.uk/government/upload..._avoidance.pdf

    Being discussed here: http://forums.contractoruk.com/hmrc-...e-schemes.html

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