HMRC paye overdue
Author
Discussion

Mattlan

Original Poster:

394 posts

227 months

Monday 1st March 2010
quotequote all
Had a visit on Friday from a rep of HMRC regarding overdue payment, demanding immediate payment of admitedly overdue PAYE. She then wanted to walk around the premises to assess what equipment she could seize in lieu. Do they have the power to do this or is she just putting the frighteners on?

Rocksteadyeddie

7,971 posts

249 months

Monday 1st March 2010
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Mattlan said:
Had a visit on Friday from a rep of HMRC regarding overdue payment, demanding immediate payment of admitedly overdue PAYE. She then wanted to walk around the premises to assess what equipment she could seize in lieu. Do they have the power to do this or is she just putting the frighteners on?
Probably. Don't fk with the revenue. It's never worth it.

Custard Test

1,184 posts

231 months

Monday 1st March 2010
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Similar situation last year. Yes they can! My advice, call them ASAP and sort out a payment plan if the business is suffering.

Eric Mc

124,732 posts

287 months

Monday 1st March 2010
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I don't think they can just breeze into your premnises unanounced - unless they possess an entry warrant. However, you do need to get your act together regarding timely payments of PAYE.

Currently, there are no penalty or interest charges on late PAYE except for any payments made late after 19 April. From 6 April 2010, all late PAYE payments will be subject to a new penalty regime.

They ARE geting tougher.

jesta1865

3,453 posts

231 months

Monday 1st March 2010
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Eric Mc said:
I don't think they can just breeze into your premnises unanounced - unless they possess an entry warrant.
i don't know about any of the other stuff, but i am led to believe that C&E don't need a warrant to enter your premises or house etc. or are HMRC not quite the same as C&E?

Them and the military (under martial law) i think dont need any paperwork to enter.

i was told this by a C&E officer who is now married to my ex wife, i have heard it elsewhere as well, so i think its right.

Eric Mc

124,732 posts

287 months

Monday 1st March 2010
quotequote all
jesta1865 said:
Eric Mc said:
I don't think they can just breeze into your premnises unanounced - unless they possess an entry warrant.
i don't know about any of the other stuff, but i am led to believe that C&E don't need a warrant to enter your premises or house etc. or are HMRC not quite the same as C&E?

Them and the military (under martial law) i think dont need any paperwork to enter.

i was told this by a C&E officer who is now married to my ex wife, i have heard it elsewhere as well, so i think its right.
HM Customs and Wxcise ceased to exist four years ago. They were absorbed by the Inland Revenue to form a new body, HM Revenue and Customs (HMRC).

HMRC have acquired many of the old HMCE powers. However, HMCE DID require a warrant to enter a premises to carry out searches and remove paperwork. It was just that the application process was less onerous copmpared to that of the
police or the old Inland Revenue.

HMRC can visit your premises by appointment wothout a warrant, naturally, as they are forewarning you and entering with your permission.

OnTheOverrun

3,965 posts

199 months

Monday 1st March 2010
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Payment priority advice for businesses:

1) PAYE

2) VAT

3) God

HTH

Deva Link

26,934 posts

267 months

Monday 1st March 2010
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My missus used to work for HMRC and I think that, in theory, they can enter premises without a warrant but they've got to believe that delaying entry could interfere with their investigation (ie people in there might be destroying data).

In practice they've been whacked in court a few times for abuse of process so they never do it. In England, PACE rules tightened up the criminal investigation work.

Customs Officers used to be able to detain people without allowing them to contact anyone else - don't know if that's still valid.

Re paying HMRC - they lost their preferred creditor status a few years ago so that probably makes them even keener to get in quick now.

TooLateForAName

4,907 posts

206 months

Monday 1st March 2010
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How late is this? I always understood that PAYE payments were not technically overdue until the end of the year (19th April).

Have you submitted the paperwork but not the payment or nothing?

Mattlan

Original Poster:

394 posts

227 months

Monday 1st March 2010
quotequote all
I've no problem with them turning up to find out where their payment is, just wanted to know whether they had the right to march around there and then and look for items to take in lien?

jesta1865

3,453 posts

231 months

Monday 1st March 2010
quotequote all
Eric Mc said:
HM Customs and Wxcise ceased to exist four years ago. They were absorbed by the Inland Revenue to form a new body, HM Revenue and Customs (HMRC).

HMRC have acquired many of the old HMCE powers. However, HMCE DID require a warrant to enter a premises to carry out searches and remove paperwork. It was just that the application process was less onerous copmpared to that of the
police or the old Inland Revenue.

HMRC can visit your premises by appointment wothout a warrant, naturally, as they are forewarning you and entering with your permission.
ah, right, it was a few years back i spoke to him, so that explains it.

cheers

ClassicMercs

1,703 posts

203 months

Monday 1st March 2010
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thegavster said:
OnTheOverrun said:
they said if you make the payment electronically you have a 7 day extension on the due date to get the payment to them.
That's what I thought when I made my first VAT payment by DD last time around - in anticipation of the the changes from next month.

The reality - they took the payment earlier. This time the boot will be on the opposite front, lots of exports and lots of import vat means they owe me a refund ! See how quickly that comes.

Wings

5,925 posts

237 months

Monday 1st March 2010
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At the start of any UK’s monarch’s reign, the Queen’s Bench Division of the High Court of Justice issues “Writs of Assistance”, which are documentary authorisations to search unspecified premises, which remains valid until 6 months after the monarch’s reign. These “Writs of Assistance” are lodged at various Her Majesties Revenue and Customs offices (formerly Her Majesties Customs and Excise & Her Majesties Inland Revenue), where the senior manager at that said office is responsible for their custody and use.

The Revenue side of HMR&C is now acquiring the character and operating policies of Customs, with Customs being known for years for their policing and detective works in reducing smuggling and fraud, with on the spot seizures of monies, goods and vehicles/planes (Air Canada). Revenue, the Police and HMCS are all now starting to adopt the seizure of goods, vehicles where tax, fines etc. etc remain unpaid.

My advice to the OP in any dealings with HMR&C, is to always appear to be cooperating with them, and even when they call unannounced, let them in.

john_p

7,073 posts

272 months

Monday 1st March 2010
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thegavster said:
I had a few problems here regarding my VAT return that's due and spoke to HMRC about it, they said if you make the payment electronically you have a 7 day extension on the due date to get the payment to them. So if you're ever up against it you can delay, although as said above, best not to fk around with these guys laugh
BUT don't forget that it takes three working days for the payment to reach them - so none of this faster payments stuff..

So the 5th / 6th is a weekend don't pay it on the Friday wink

lestag

4,614 posts

298 months

Tuesday 2nd March 2010
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Mattlan said:
Had a visit on Friday from a rep of HMRC regarding overdue payment, demanding immediate payment of admitedly overdue PAYE. She then wanted to walk around the premises to assess what equipment she could seize in lieu. Do they have the power to do this or is she just putting the frighteners on?
This may help you http://www.pemtechnology.co.uk/index.php?public/ne...
"For the first time, for corporation tax, income tax and capital gains tax, HMRC will have powers to access records before returns are filed, and to arrive unannounced to check the records. HMRC will also routinely have access to business premises and assets and will have the right to copy or remove documents"

I would be asking them under what Act,section an paragraph they believe they carry out what they want (very nicely of course) and, if they are a warranted officer, their warrant. And if you really want to be annoying the expiry of the warrant card.

You will be surprised how much "right to entry becasue of this suspiscion/complaint/event" local and central government officers have...

Wings

5,925 posts

237 months

Tuesday 2nd March 2010
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I would be asking any unannounced HMR&C officer, whether they took sugar and milk in their coffee, for one really needs to have a full blown tax investigation to fully appreciate the powers they have.

lestag

4,614 posts

298 months

Wednesday 3rd March 2010
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Wings said:
I would be asking any unannounced HMR&C officer, whether they took sugar and milk in their coffee, for one really needs to have a full blown tax investigation to fully appreciate the powers they have.
ok so i missed the word "tactfully" ther are nice ways to ask questions ... and dumb ways....

Four Cofffee

11,838 posts

257 months

Wednesday 3rd March 2010
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My accountant warned me that these late collection visits are low hanging fruit for revenue staff trying to hit targets.

They drop in on someone just overdue, preferably a professional who is motivated to pay to avoid any professional fall-out, collect a cheque and it all goes towards their personal collection target.

Much easier than chasing some rough-arsed, evasive and angry builder or scrap merchant across a muddy site in your best Jimmy Choo's?

The look around for goods worth seizing may wel have been a bit of subtle pressure to get that all important cheque.

paul0843

1,958 posts

229 months

Wednesday 3rd March 2010
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their is a scheme announced by the government last year where they
allow you to do it in stage payments...its your right
to be given time to pay...ask them about it..they have to do it..

Tiggsy

10,261 posts

274 months

Thursday 4th March 2010
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as above, i've a few clients who called HMRC over late corp tax payments and all were treated very well....months (12 months in one case) to pay, all done very nicely.