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Code of Practice 9 and discovery assessments

Michael Paulin (1 Crown Office Row) considers the impact of HMRC’s broader view of tax fraud in its updated COP 9.

The arrival on the doorstep of a brown envelope with a Code of Practice 9 (COP 9) letter therein has the tendency to raise the reasonable taxpayer’s heartbeat. HMRC’s statement of suspicion that a taxpayer has committed tax fraud can cause both consternation and an anxious tendency to find solace in expensive but ultimately ineffective quarters.

Tax fraud

‘Tax fraud’ finds a place in both the common law and across a range of statutory enactments. For example:

  • ‘Cheating the public revenue’ is a common law offence. (In the not too distant past the former Tottenham FC manager Harry Redknapp was unanimously acquitted of this charge in relation...

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