HMRC have published a charter, ‘your charter’ that sets out what you can expect from them and what they expect from you.
This is part of HMRC’s undertaking to provide an even-handed and accurate service, based on mutual trust and respect.
If you are not happy with HMRC’s service or the way they have treated you, you may wish to make a complaint. We explain how to make a complaint to HMRC in this section. We also explain how to take matters further, if your complaint is not settled immediately to your satisfaction and what compensation you may seek if things have been handled badly.
If you disagree with a decision that HMRC have made, you may be able to make an appeal.
HMRC expect you to be honest, to take care to get your tax right and to show their staff respect.
Equally, you can expect HMRC to show you respect, to help and support you with your tax, to treat you as honest and even-handedly. They must protect your information and respect your privacy.
Most people do not like to complain, but if you are not happy with the way that HMRC are dealing with you then you should understand what you can do about it.
There are many things that may form the basis for a complaint. Do you think you:
Being denied the right amounts of money or the right benefits may be a case for making an appeal. But sometimes you may not receive what you are entitled to because of delay or an administrative problem. If that is the case, a complaint is the right remedy.
To make a complaint, you should write to, telephone or use the 'i' form in your Personal Tax Account. Most problems can be dealt with in this way. It is generally not possible to complain to HMRC by email.
To register or sign in to your Personal Tax Account go to www.gov.uk/personal-tax-account
You can call HMRC on 0300 200 3300.
You should tell them that you are unhappy and wish to complain.
If you write a letter, put ‘complaint’ on the envelope and at the top of the letter. If part or all of your complaint is due to discrimination, make that clear at the outset. This should ensure that your letter is passed directly to HMRC's complaints section.
To be able to help with your complaint quickly, HMRC will need to know your full name, your National Insurance number and/or your Unique Taxpayer Reference for Self Assessment, your address and the last reference number that they used when contacting you. A telephone number where and when they might contact you would also be helpful.
Set out in the complaint what has gone wrong, when it happened, who you dealt with and what effect it has had on you. You should also set down what you want to see done to put it right. If the reason for your complaint is causing you hardship or distress, then tell HMRC.
HMRC should respond very quickly. If you do not hear from HMRC within four weeks, then chase them. If they delay in responding to your complaint, you may be able to make a claim for compensation later.
If it is not possible to give a full reply within a reasonable time, HMRC should provide an interim response with information on the action they are taking. They should tell you when you can expect a full response. Their full reply should include details of who you can contact if you feel the complaint is not dealt with in a proper manner.
If you prefer not to deal with the same people in the office you have been dealing with before, or have tried that and you are still unhappy, then you can ask for your complaint to be passed straight to a complaints handler. You can do this whether you are making your complaint in writing or by telephone.
If you are unhappy with the response to your complaint, you can escalate your problem by once again addressing your letter as a complaint, but asking for the letter to be passed to a different complaints handler and for them to review the complaint again.
Again, you should expect a response within four weeks, after which time you should chase them if necessary. This is the final point of HMRC’s internal complaints procedure.
If you are still unhappy after the HMRC complaints procedure has reached its conclusion, you can ask the Adjudicator to look into your complaint.
The Adjudicator is independent of HMRC and tries to find solutions by mediation or by making formal recommendations. The Adjudicator is bound by the same policies and processes as HMRC and cannot look through them to decide whether they are fair or not. The Adjudicator will ensure that HMRC have followed their policies and processes correctly.
You may contact the Parliamentary and Health Service Ombudsman, who investigates cases where bad administration by any Government department has led to an injustice that has not been remedied.
The Ombudsman does not normally look at cases until they have been through the Adjudicator.
You cannot contact the Ombudsman directly. You must ask your MP to do this for you. The Ombudsman's office will apply its selection process to decide which cases to investigate.
The Ombudsman is entirely independent and can also consider complaints about the Adjudicators Office, but will not normally select a case for investigation if the Adjudicator appears to have taken account of everything relevant.
If you have an outstanding tax bill, we suggest that you pay the correct amount of tax you consider is due whilst HMRC are looking into your complaint.
If this proves to be less than the amount you actually need to pay, you may be charged interest on the amount paid late. Equally, if you pay too much and are due a repayment, HMRC will pay you the repayment and may also pay you interest on the overpaid tax from a set date.
If you decide to pay the whole amount while you go through the process, put it in writing that it is a ‘payment on account’. Not doing this may mean that HMRC refuse to consider HMRC error (ESC A19) on the basis that there is not an arrear or refuse to pay the amount back if your complaint successful.
When you complain, HMRC will hopefully resolve your complaint to your satisfaction.
When you complain, you should ask for reimbursement of your expenses, for example, postage, phone calls and professional fees. You should also ask for compensation if you have been caused worry, distress or unreasonable delays.
If HMRC have not used information they had in their possession and are therefore late in asking you for money that is owed, they will not always seek the full amount that is due. For example, if you told them that you were now receiving a state pension, but they did not take any action to collect the tax due for two years, you may not have to pay the tax you owe.
This will only apply if you could reasonably have believed that you did not owe HMRC any more money. If you think this might apply to you then you should tell HMRC.
If you have any doubts, we suggest you read our guide on ESC A19, which covers the position in more detail.
Whilst your complaint is being sorted out you may be able to make a claim for costs you have incurred in trying to get things sorted out.
You can do this at any time while HMRC are looking at your complaint, or if you can tell them about your costs when you first make your complaint they may be able to process the claim quicker.
The person dealing with your complaint should be able to help you decide if you can make a claim. You may be asked for receipts or invoices to support your claim.
You cannot be compensated for your own time spent in sorting things out unless you can show that you have lost earnings as a direct result. You may however be able to reclaim the costs of a tax adviser.
Mistakes and delays may cause you a great deal of worry or distress. HMRC say they realise how upsetting this can be. If you have suffered worry or distress, because of HMRC’s treatment of you, you should let them know. They may be able to pay you an amount to recognise your particular circumstances and so apologise for the way they have treated you.
HMRC do not intend for these payments to put a value on the distress you have suffered, but that does not mean that you should hold back from asking for substantial compensation where merited, for example if HMRC's actions have made you unwell.
You will not be able to claim compensation simply because of a difference of opinion between HMRC and you, even if HMRC are shown to have been wrong. You may be able to claim compensation, however, if HMRC took an unreasonable view of the law or failed you in some other way.
If HMRC handle your complaint badly, they may pay you a further sum. For example, if you sent them a reminder and there was a further delay in their response.
All such compensatory payments are tax-free and you need not declare them for tax purposes or show them on your tax return.
Comments are closed.