Case study - Naming and shaming


Situation

Our clients' previous accountant dealt with the enquiry and agreed the tax due. HMRC issued a deliberate penalty, which was not disputed and our client simply paid it. However, since he did not receive maximum reductions for “telling/helping/giving”, HMRC wrote to him stating his details could be published as a deliberate defaulter.

Approach and activities

Our client was concerned about reputational damage, hence he asked Crowe what could be done. We reviewed the historic papers and our client’s circumstances and noted that he had an accident in which he severely damaged his spine. He was therefore in significant pain, which was in turn detrimental to his mental health. We found evidence that the client tried to be helpful throughout the enquiry process, although this was hindered by the cocktail of prescription drugs which caused him issues with cognitive function.

We discussed with our client the possibility of making a late appeal in respect of the quantum of the penalty, but he wanted to draw a line under this and simply focus on ensuring his details would not be published. We obtained medical records from our client’s doctors and made comprehensive representations to HMRC about the extenuating circumstances and damage ‘naming and shaming’ would have on his already fragile mental health.

Outcome and benefits

HMRC agreed not to publish our client’s details and our client was extremely relieved, stating: “That's such wonderful news we can't thank you enough, to be honest you guys are amazing.”