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When HMRC believes tax fraud may have occurred, it can initiate Code of Practice 9 (COP9), which underpins the contractual disclosure facility (CDF).
The CDF represents HMRC’s strongest tool barring actual legal action. Being chosen for the COP9 procedure signals that HMRC is not looking to pursue legal action against you. Nonetheless, complete cooperation is essential to remain in the COP9 framework.
With many years’ experience of dealing with tax investigations, tax problems, tax enquiries, voluntary disclosures and COP9. It’s what we do.
From initial evaluation to diligent follow-up, we manage the entire investigation process, offering full support and representation to HMRC, including advice on making voluntary disclosures to address any tax fraud effectively.
COP9, or Code of Practice 9, is a procedure initiated by HMRC when they suspect serious tax fraud. It offers the taxpayer a chance to disclose any fraudulent activity voluntarily under a contractual disclosure facility (CDF).
HMRC issues a COP9 when there is suspicion of significant tax evasion or fraud, signalling a formal investigation into the taxpayer’s affairs with a focus on allowing voluntary disclosure of fraud.
Receiving a COP9 means you are under investigation for serious tax fraud. You have the option to fully disclose any incorrect tax affairs under the protection of the CDF, potentially avoiding prosecution.
Ignoring a COP9 notice is not advisable. Failure to respond can lead to further investigation and potential prosecution for tax fraud.
The CDF is part of the COP9 process, where taxpayers can admit to tax fraud and disclose all fraudulent activities in exchange for a likely avoidance of criminal prosecution. It is essential that you disclose everything at this stage. Do not think you can guess what HMRC know and leave elements out
Responding to a COP9 involves carefully preparing and submitting a full disclosure of all fraudulent tax behaviour. We strongly recommended to seek professional advice to navigate this complex process. They will be able to liaise with HMRC on your behalf and have experience in this area.
Admitting tax fraud under COP9 typically leads to a financial settlement, including payment of the tax owed, interest, and a penalty. However, it usually avoids criminal charges.
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