Fraud is one the UK’s most common crimes, in part because there are so many different types of fraud that can be prosecuted. Benefits fraud, insurance fraud, and investment fraud are just three of the types of crime that UK courtrooms commonly see.
There’s also tax fraud, which, given how complex and nuanced the UK’s tax system is, can be committed by accident. If you’re being investigated for tax fraud in the UK, then it’s possible that you’ll be invited by the HMRC for an ‘interview under caution.’
In this post, we’ll run through everything you need to know about an HMRC interview under caution, including what it is, what to do if you receive notification of an interview under caution, your rights, and common mistakes to avoid.
Being investigated for tax fraud? Contact ABV Solicitors today.
What is an HMRC Interview Under Caution?
You might have heard of the term ‘interview under caution.’ It can happen when a person is accused of many types of crimes, and can also be carried out by a wide range of authorities. The police may carry out an interview under caution if they suspect someone has been involved in an assault, for example.
In the case of HMRC interviews under caution, these interviews happen when a person is suspected of deliberate tax fraud. However, unlike with most police interviews under caution, which occur when a person has been arrested, HMRC interviews are typically carried out on a voluntary basis. With that said, while they’re voluntary, they’re still serious. HMRC conducts these interviews during the evidence-gathering stage of a broader criminal investigation.
What To Do If You Are Invited to an HMRC Interview Under Caution
Nobody wants to learn that they may have legal problems. However, remember that simply receiving a notification of an invitation to a HMRC interview under caution doesn’t mean that there will necessarily be a bad outcome. With that said, it is important to take a few key steps.
Read the Letter
The letter you receive from HMRC won’t be overloaded with details. At this stage, it’s likely that the only information you are given is a summary of these accusations, rather than the ins and outs of the case. The letter may also request specific documents for you to gather.
Crucial Step: Double-check that the letter is genuine. Some people receive fraudulent HMRC interview under caution letters from scammers. A legitimate letter will come from a verifiable HMRC address, use formal language, and have an official reference number.
Get In Touch With a Solicitor
It’s important to work with a solicitor who specialises in fraud cases. They’ll be able to advise you on the correct steps to take, and, crucially, make sure that you don’t commit an error that may complicate your case. At ABV Solicitors, our team has extensive experience in helping people who have been accused of tax fraud. To learn more about how we can help, call 0344 587 9996.
Stay Calm
It can be nerve-racking to receive a notification from HMRC asking you to attend an interview under caution, but it’s important to stay calm. People tend to make rushed, incorrect decisions when they feel panicked. Staying calm, taking the appropriate steps, and letting your solicitor handle things on your behalf won’t just improve your chances of a favourable outcome but will also help to prevent you from spiralling into anxiety.
HMRC Interview Under Caution: Your Rights
Knowing your rights can help you to feel more in control over the HMRC interview under caution process, as well as prevent you from making mistakes. While ‘interview under caution’ is often used, how it works in practice is different depending on the type of crime being investigated. HMRC interviews under caution are generally more flexible than those conducted by the police, for instance.
For one thing, you don’t legally have to attend the interview, though it’s typically recommended that you do so. You also don’t have to agree to the time and place of the interview that’s set out in the letter. You are free to request a different time and place if you wish.
You also have the right to have legal representation with you at the interview. You can also request to postpone the interview until you’ve had time to find the tax solicitor that’s right for you. It’s highly recommended that you do this, since an experienced tax fraud solicitor can offer invaluable advice and guidance that may help your case.
Mistakes to Avoid
As we mentioned above, receiving a letter informing you that HMRC is requesting an interview under caution can be anxiety-inducing. As such, many people end up committing a couple of errors that make the situation worse.
Hoping It’ll Go Away
When faced with an uncomfortable situation, there’s often a temptation to simply ignore it and hope it goes away. However, that approach won’t work when you receive notification of an HMRC interview under caution. Ignoring the letter or delaying a response beyond a reasonable timeframe can seem suspicious and can also hurt your case in the long run. HMRC will come back, but if you’ve ignored it and haven’t taken the right steps, then you’ll have less time to prepare a strong case.
Assuming It’s No Big Deal
While HMRC interviews under caution are attended on a voluntary basis, that doesn’t mean that they’re not serious. If you’ve received a letter, then HMRC is conducting a thorough investigation to determine whether a crime has been committed.
Doing It Yourself
Speaking to HMRC investigators without legal representation is perhaps the number one error that people make. Representing yourself opens up the possibility of a wide range of mistakes, including failing to gather the right documents, answering questions that you shouldn’t, and speaking too freely or trying to explain every detail. It’s much better to let an expert guide you on what to say.
Contact ABV Solicitors Today
Have you received a letter from HMRC requesting an interview under caution? Contact ABV Solicitors today by calling 0344 587 9996.
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