inspector recorded the meeting without our knowledge

[jimrog]

hello there
im undergoing an inspection with a particulary aggressive inspector. at the interview he just ranted at myself and my accountant making various threats and wrote nothing down . we both clearly noted that.
however on recieving the notes from the meeting he is quoting verbatum and we strongly suspect he recorded the interview .i understand this is against the PACE act the the police have to adhere to and is a serious offence.
do i need to see A SOLICITOR on this as this person is causing serious distress at present
thanks in advance

[Simon Sweetman]

It is very clearly against HMRC instructions to record an interview without telling you, but the probability is that he did not do so. As a former Inspector I can tell you that it is remarkable how accurately a practiced officer can make notes of a meeting - he will after all have set the agenda.

I suspect that what you and your accountant need is expert advice at this point from someone who specialises in enquiries.

simon.sweetman@btinternet.com

[jimrog]

hi
thanks for your reply,thats another thing we were never given any agenda by the inspector which i understand he has to do. we suspect that as the notes sent actually quote lines word for word what was said we think it impossible that he could remember what was said in that detail over an hour and a half. as i say its verbatem.
i intend to do as you surgest tax inspectors are not above the law. my accountant had never witnessed anything like it in all his years of going to enquiries.
thanks for your help

[doityourselftax]

Hi Jim,

You should have asked for an agenda if you weren't provided with one.

If the inspector was overly aggressive you should have told him his behaviour was not acceptable and that if it continued you would terminate the interview.

You may want to inform the person in charge of the tax office about the inspectors behaviour. There is a complaints procedure detailed in the code of practice that you should have received when the enquiry was opened.

doityourselftax@gmail.com

[jimrog]

thanks very much i appreciate these responses.
i know i owe some tax and am happy to settle with HMRC but i just cannot contenplate dealing with this person. ive been told to complain but am worried that they will all join forces and that will make my situation worse. I basically want this inspector off my case and him to know that he is not above the law and just cannot act in the manner he has. as you say we should have left the meeting but ive never been through this before and my accountant was just stunned into silence.
i may have to gamble and complain to the highest level i can has anyone any experience of complaining and does it do any good
thanks in advance

[doityourselftax]

Hi Jim,

If the advice you are after is not forthcoming then feel free to email me and I'll let you know my thoughts on the matter.

doityourselftax@gmail.com

[wamstax]

If there was one inspector or officer and two of you then clearly if you can quote unsatisfactory comments and instances of bullying etc then your accountant should take the matter to his immediate boss. You may not however be able to prise him off your case. Clearly if he did not take any notes and you and your accountant have cotempoaneous notes taken of these matters at the time then clearly you would have some evidence that you could provide to sustain your version of events.
regards and hope this helps
bill@wamstaxltd.com

[jimrog]

Dear Bill
thankyou and everyone else so much for the advise. its slightly conforting to know im not alone in what im going through having found tis excellent forum. if you dont mind may i ask you one more thing. ive been told that i should complain about this person but in reality is that going to do any good and just put him on a personal crusade to send me under especially if i cannot get him of the case.
as i say i owe a bit of tax not to much and im happy to settle. there is still the issue of recording the interview, i have a friend who is a senior police officer and in his opinion he would have to have been a master at shorthand to take such detailed notes, his pen never touched any paper we both saw that and if the police recorded without consent its very a serious offence. are tax inspectors just above any law and can do what they want? this person is making our life hell to put it mildly
thanks in advance

[pallet]

Hi
I am sorry to say a inspector believes he is above the law and his boss will laugh with the inspector, when he gets your complaint If any one wishes to see how bad they are please let me know .Your only chance is to look at your human rights and the freedom of information which could show you (if he is as you say a bully)what he is doing as he will be only to pleased to show his work mate and his boss how he has got you jumping about in e mail or faxes. Remember you too have to agree his notes so just tell him you disagree and need a recorded interview good luck

[jimrog]

Hi Pallet
thanks but thats very discouraging news, however ive spoken to a lawyer who deals with tax investigations , im going to see him nxt week who clearly does not think tax inspectors are above the law, infact far from it, looks like im in for an interesting time. ill post my findings
thanks