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Can I Rely on Advice and Information I’ve Obtained from HMRC?

Alistair Cunningham
Alistair Cunningham

Her Majesty’s Revenue and Customs (HMRC) recently updated its position statement regarding the reliability of the guidance it offers to taxpayers. This pivotal update highlights the circumstances when taxpayers can depend on publicly available guidance from HMRC, whether obtained directly or via the HMRC website.

The updated guidance introduces an element of accountability for HMRC in scenarios where taxpayers have acted based on erroneous advice or information provided by HMRC. If it can be demonstrated that taxpayers reasonably relied on this advice, and it would be unjust for HMRC to diverge from the advice provided, HMRC may be held accountable to that advice.

However, the guidance also outlines a degree of flexibility for HMRC. It specifies that should there be alterations in tax law as a result of court decisions, HMRC reserves the right to apply the correct tax position from a future date, rather than being tied to its previous advice.

In essence, while HMRC offers valuable advice and guidance, taxpayers should maintain a degree of vigilance. It is reasonable to rely on HMRC’s advice, but always be aware of potential changes in tax law and the implications these may have.

You can read more on their policies here.

Alistair Cunningham

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Alistair, a founding director of Wingate Financial Planning, specialises in complex client cases, particularly owner-managed businesses, pensions, and retirement planning. He is a member of the Wingate Investment Committee and a Chartered Financial Planner, Fellow of the Personal Finance Society, and member of STEP and the Chartered Institute of Taxation.

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