What to do when faced with an impossible enquiry deadline
There are times during an IR35 enquiry, or any enquiry for that matter, when a contractor simply cannot adhere to HMRC’s request for information by their stipulated deadline, normally 30 days from the date of the Revenue’s letter. When faced with this situation however all is not lost and a taxpayer can ask HMRC to allow them additional time to comply with the request.
Where extensions to deadlines are being sought, practice varies amongst the IR35 teams as to procedure for granting such. For instance, the team based in Croydon will generally be happy to agree an extension on an informal basis following on from a telephone or e-mail request. Edinburgh, however, adopt a different attitude. Whilst they are content to allow more time, they take the jobs-worth approach by issuing the taxpayer with a formal Schedule 36 Information Notice.
Whilst the Sch. 36 notice will normally allow the contractor an additional 30 days or more to provide HMRC with information, a word of warning – failure to comply can result in a penalty being imposed.
Most HMRC officers may still take a relaxed and understanding attitude when the information has still not reached them by the revised deadline and where there are mitigating circumstances, even when a Sch. 36 notice has been issued. However, there are the officious types out there who are determined to apply the letter of the law and should a freelancer fall foul of one of these then they could be looking at an initial £300 penalty.
Further penalties of up to £60 per day will be incurred if the failure to deliver the information continues after the date the initial penalty is assessed until the information or documents are provided.
Where some but not all of the information or documents is produced, as required by the notice, this may not be enough to escape a penalty as HMRC will consider whether:
- the information or documents they have are sufficient to enable them to complete their compliance check. If so, they will take no further action to obtain the missing information or documents, or
- the missing information or documents are likely to be of significance in completing their compliance check. If so, the information notice will not have been complied with and a penalty may be chargeable.
Requests for extensions to deadlines should normally only be necessary where HMRC are requesting a lot of information that requires time to assemble and consider or where the contractor is indisposed and unable to attend to the matter immediately. Where it is unavoidable however then beware the Sch.36 notice.
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