Freedom of Information Team
S1715
6 Floor
Miriam Bray
Central Mail Unit
Newcastle Upon Tyne
By email:
request-978549-
NE98 1ZZ
xxxxxxxx@xxxxxxxxxxxxxx.xxx
Email
xxx.xxxxxxx@xxxx.xxx.xx
Web
www.gov.uk
Date: 02 June 2023
Our ref:
FOI2023/30020
Dear Miriam Bray
Freedom of Information Act 2000 (FOIA)
Thank you for your request, which was received on 5 May, for the following information:
“Does an individual or a company only have one file within HMRC? If not, under what
circumstances would an individual or a company have different files that are not linked?
Do different departments within HMRC have access to the same file for an individual or for a
company? E.g. Counter Avoidance, Small Business Compliance, Fraud Investigation
Service
What processes and quality assurance for accuracy does HMRC undertake BEFORE
opening a tax investigation under Code of Practice 9 and notifying an individual or company
they are under investigation.
Under what circumstances does HMRC open an COP-9 investigation without reviewing the
individual's or company's file?
Please provide a copy of standard operating procedures and/or guidelines that dictate steps
HMRC employees must take BEFORE opening a COP-9 investigation.
What processes and quality assurance for accuracy does HMRC undertake BEFORE
making a regulation 80 determination for a company?
How are calculations used for regulation 80 determination checked for accuracy?
Under what circumstances does HMRC make a regulation 80 determination for a company
without reviewing the company's file?
Please provide a copy of standard operating procedures and/or guidelines that dictate steps
HMRC employees must take BEFORE issuing a regulation 80 determination to a company.
Under what circumstances does HMRC ASSUME someone is married?”
Our response
If you need extra support, for example if you have a disability, a mental health condition, or
do not speak English/Welsh, go to
www.gov.uk and search for ‘get help from HMRC’.
Text Relay service prefix number – 18001
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1. Does an individual or a company only have one file within HMRC? If not, under
what circumstances would an individual or a company have different files that are
not linked?
HMRC does not hold each customer’s information in a single file or computer system.
Customer information is held on a number of HMRC computer systems, reflecting the varied
taxes and duties that customer is registered for and any compliance or debt management
activities involving that customer.
2. Do different departments within HMRC have access to the same file for an individ-
ual or for a company? E.g. Counter Avoidance, Small Business Compliance, Fraud
Investigation Service.
Customer records are stored and processed in line with Data Protection legal requirements,
HMRC has technical, physical, and managerial procedures to safeguard and maintain the
accuracy of the information it holds. Different business areas within HMRC have access to
the same customer data when they need this for their business activities.
3.
What processes and quality assurance for accuracy does HMRC undertake
BEFORE opening a tax investigation under Code of Practice 9 and notifying an
individual or company they are under investigation.
HMRC publishes the Code of Practice 9 (COP-9) guidance on the Gov.uk website and
details the processes HMRC investigators follow when considering opening a case under
COP9. The specific guidance relating to pre-authorisation of a case can be found at:
FCIM202070 Pre-authorisation review and action.
4. Under what circumstances does HMRC open an COP-9 investigation without re-
viewing the individual's or company's file?
Where a customer has initiated contact with HMRC to make a voluntary request to enter into
the Contractual Disclosure Facility (CDF) their case may not have been subject to the same
review processes prior to the offer being accepted by HMRC. This is explained in more
detail at
FCIM202020 - voluntary requests for CDF.
5. Please provide a copy of standard operating procedures and/or guidelines that
dictate steps HMRC employees must take BEFORE opening a COP-9 investigation.
The processes and guidance by HMRC employees undertaking investigations under Code
of Practice 9, including the criteria which must be met before registering a case, is published
online in the
Fraud Civil Investigation Manual (FCIM) .
6. What processes and quality assurance for accuracy does HMRC undertake BE-
FORE making a regulation 80 determination for a company? & How are calcula-
tions used for regulation 80 determination checked for accuracy?
HMRC will carefully review the relevant information it has available and, where possible,
work with the customer to determine whether there are amounts that have not been
subjected to Pay As You Earn (PAYE) which should have been. Any additional liability
identified wil be calculated using HMRC’s tax calculators. We take a range of approaches to
quality assure regulation 80 determinations before we issue them, including manager
reviews and spot checks. Further information can be found on gov.uk in the HMRC internal
PAYE Manual specifically in section PAYE54000 - Employer returns: regulation 80
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determinations: contents - HMRC internal manual - GOV.UK -
https://www.gov.uk/hmrc-
internal-manuals/paye-manual/paye54000.
7. Under what circumstances does HMRC make a regulation 80 determination for a
company without reviewing the company's file?
Before issuing any determination, relevant customer records are reviewed and where possi-
ble the customer is contacted, and the additional liability discussed with them. Where this is
not possible HMRC will issue a best judgement determination based on the information
available to them. Further information can be found on gov.uk in the HMRC internal PAYE
Manual specifically in section
PAYE54000 - Employer returns: regulation 80 determinations:
contents - HMRC internal manual - GOV.UK -
https://www.gov.uk/hmrc-internal-manu-
als/paye-manual/paye54000
8. Please provide a copy of standard operating procedures and/or guidelines that
dictate steps HMRC employees must take BEFORE issuing a regulation 80 deter-
mination to a company.
The processes followed by HMRC employees issuing regulation 80 determinations is
published online on gov.uk in the HMRC internal PAYE Manual specifically in section
PAYE54075 - Employer returns: regulation 80 determinations: outline of procedure.
https://www.gov.uk/hmrc-internal-manuals/paye-manual/paye54075
9. Under what circumstances does HMRC ASSUME someone is married?
HMRC uses the information held within each individual’s customer record to try to determine
the appropriate form of address to use when contacting them. Customer records include
information provided by customers and their employers. HMRC does not as a matter of
policy make assumptions about customers’ marital status. Where a customer tells us we
have got this wrong we will use the form of address that they ask us to use.
If you are not satisfied with our reply, you may request a review within 40 working days of
receiving this letter by emailing
xxx.xxxxxx@xxxx.xxx.xx or by writing to our address at the
top.
If you are not content with the outcome of an internal review you can
complain to the
Information Commissioner’s Office. Yours sincerely,
HM Revenue and Customs
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