A couple were running a guest house in sunny North Devon. Various issues with their previous submissions came up as we talked.
One was especially interesting.
The problem
"I record each guest breakfast as costing £10. I don't keep track of what they actually cost. I don't have to."
"Why not?"
"Keeping all those receipts seemed a lot of work, so I spoke to someone at the Barnstaple tax office. He asked me how much I thought the breakfasts cost. I said 'ten pounds' and he said 'put that down then'. It must be okay. The tax man said so."
It's tempting to accept this reasoning. Tempting, but wrong.
Why it's a problem
There are lots of Tax Tribunal cases where people have followed the advice offered by someone from their local tax office, only to find that when HMRC enquired into their tax return that they did not agree with the advice that had been offered. Take the case of Louise Stones.
It's easy to see that in an example like this, HMRC would not simply accept a round sum of £10 per person for breakfast. It's hard to see how such a charge could be justified.
The worst case scenario
So what would happen if HMRC successfully challenged this figure?
As well as having to pay the tax due (plus interest), the tax payer could end up with penalties of up to 70% of the tax at stake.
The level of penalty charged would depend on how negligent you thought to be and how deliberate the error was.
The solution
Keep a record of what advice you were offered and by whom. It might not stop you having to pay the extra tax if HMRC disagrees, but showing you acted on the advice of one of their officers could show the error wasn't negligent or deliberate and reduce the potential penalties to zero.
Or, use a qualified accountant. We like to offer our clients the certainty that we’ve taken all the steps we can to reduce their tax liability – and the amount we advise them is all the tax they will now have to pay.
Wouldn't that be better?






