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Use subject action requests to get info from HMRC
Posted by JAADAMS PM | on Fri, 30/09/2011 - 11:55 2566 8 comments
HMRC’s reluctance to respond to agents’ queries or divulge important information is a regular complaint in Any Answers. Jennifer Adams draws attention to very useful provision in the Data Protection Act that can help anyone in this position.
It can take an age to get a response from HMRC - whether in answer to a written request or sometimes even a CIS refund on a correctly submitted tax return. Following the Treasury Select Committee’s critical report on HMRC’s administration and representations from the various accounting bodies, HMRC is addressing the issue, for example with dedicated PO Boxes for specific correspondence and the introduction of electronic document management.
But if these measures are not immediate enough to cure your current frustrations with HMRC delays and non-cooperation, a subject access request (SAR) under the Data Protection Act 1998 could reduce the response time. If you haven’t heard of them, SARs give you a way to obtain copies of data from HMRC within a set timeframe including printouts of household notes (the notes that helpline operators make during telephone calls), claim and renewal forms, letters and recordings of telephone conversations held.
How SARs work
Use subject action requests to get info from HMRC
Posted by JAADAMS PM | on Fri, 30/09/2011 - 11:55 2566 8 comments
HMRC’s reluctance to respond to agents’ queries or divulge important information is a regular complaint in Any Answers. Jennifer Adams draws attention to very useful provision in the Data Protection Act that can help anyone in this position.
It can take an age to get a response from HMRC - whether in answer to a written request or sometimes even a CIS refund on a correctly submitted tax return. Following the Treasury Select Committee’s critical report on HMRC’s administration and representations from the various accounting bodies, HMRC is addressing the issue, for example with dedicated PO Boxes for specific correspondence and the introduction of electronic document management.
But if these measures are not immediate enough to cure your current frustrations with HMRC delays and non-cooperation, a subject access request (SAR) under the Data Protection Act 1998 could reduce the response time. If you haven’t heard of them, SARs give you a way to obtain copies of data from HMRC within a set timeframe including printouts of household notes (the notes that helpline operators make during telephone calls), claim and renewal forms, letters and recordings of telephone conversations held.
How SARs work
- SARs must be made in writing addressed to the relevant District’s data protection officer; requests cannot be made over the telephone. Requests can be made by email and there is an online form on the HMRC website
- The advantage of a SAR is that a response must be made within 40 days of receipt. If no response within the 40 days a complaint can be made to the Information Commissioner’s Office
- The more detail given as to the problem the quicker the response. The usual personal details are required plus detail of the information requested.
- The response is sent directly to the taxpayer; separate written permission is needed if required to be sent to an adviser.
- HMRC’s website includes details of its internal procedure in dealing with SARs
- Decision Notices on the IOC website show that three representations about HMRC have been made in 2011 to date, only one of which was upheld. Does that mean that HMRC dutifully respond to all SAR requests within 40 days? Or does it mean that hardly any SARs are made to HMRC in the first place?
- VAT and PAYE statements from HMRC - recent Any Answers query that might benefit from the SAR technique
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