Risk Intelligence and Analysis Team

I felt ESC A19 applied to me, it’s basically a rule that says if HMRC know something is wrong but fail to act on it it the egg is on them.

Here is my letter to Dave Hartnett outlining the way I saw it.

In the investigation I had been repeatedly told that although my returns were obviously incorrect – it was not up to HMRC to check them – and that much is true. But the notes obtained under the Data Protection Act showed HMRC had unlogged and checked the returns, and had found them to be incorrect as early as 2000. Not only did they fail to take remedial action but they also made a series of rebates that they knew to be incorrect.

In October 2004 Peter Canning wrote, “A/N has incorrectly deducted his drawings as an expense & Means have always been a risk on this case. As this is a segment 1 case, Do you agree that SIP should be prepared for 2004 & passed through as part of next year’s target. In view of comments in tip’s letter dated 29/09/04, Do you agree that I should delete No Rept signal & refund tax overpaid as claimed – ie process now / check later.”

So what he’s suggesting – amazingly – is that a tax rebate, that he knew was incorrect should be processed. His colleague agreed and the repayment was sent!

You can see the original here.

Of course I wanted a chat with this Peter Canning, but when I called HMRC and asked them for their RIAT (Risk Intelligence and Analysis Team) number they said it wasn’t available. I thought, hrrrrm, he could be local… so I called up my local office and asked for ‘Pete’ and the reply came (as you’d expect) ‘Pete who?’ I said, ‘Oh, sorry Mr Canning in RIAT’. I was put through.

This is the unedited conversation in two parts, it runs to just under 20 minutes. I asked him why, if HMRC was aware that my returns had been incorrect going back to 2000, why was there not an invitation for an interview to put me on track? And Why On Earth did he send a rebate when – clearly – one was not due?

He refused to answer my questions and then – after 20 minutes – hung up the phone. This is the entire unedited interview.

Part One

Part Two