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TAX INSPECTORS

19th January 1989
Page 56
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Page 56, 19th January 1989 — TAX INSPECTORS
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Which of the following most accurately describes the problem?

QI have built my own transport company up over the last eight years to more than 35 38-tonne tractor/trailer combinations, running mainly on the Continent.

We pride ourselves in running legally with no incentives or bonuses to encourage infringements: I think our workforce is happy and loyal. Last year the bombshell dropped which has turned this company upside down, destroyed morale and given us all many bad times — the Inland Revenue investigation branch. Not our local inspector but a couple of hobnail-boot, arrogant men who abused my staff and made accusations that had grown men in tears.

It started four years ago when I asked our local inspector for advice on paying night-out money. We know that each year there is a rough agreement for the UK but not for the Continent. The advice we had was not helpful so I was paying practically double for night outs on the Continent and triple for weekends.

Last year the two men appeared and said they were going to investigate me and my employees with regard to fraud of PAYE. They interviewed drivers at their homes, in one case called a driver a liar and in another accused a driver of having shares in the company. All unfounded accusations as our pay records are well documented and our accountants have always been very happy. No cash hidden, no quiet villas — my question is should we have to suffer this abuse?

Name and address supplied AThis letter has been cut as sonic of the contents were personal. Fraud is a serious offence and a serious accusation. The headed notepaper of the letter tells us this is a limited company: that in itself should have given the inspectors information from Companies House and the shareholders. Further, they would have access to all employees PAYE records through the local tax office and if the company had discharged its legal responsibilities with regard to all monies then a softer approach would have been better. If the company's enquiry to its local inspector was documented then the approach and methods used by these investigators is not normal.

Collect affidavits from your staff (get them taken indepen dently), have them sworn and make sure that your solicitor sends them to the appropriate person (your local inspector can tell you who that would be). If you have made a genuine error in calculations you will owe some back tax — but for fraud they would have to prove "Mens Rea" — guilty knowledge — and, from what you say, I doubt that they could do that.

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