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Contents

Official guidance
Compliance Handbook

CH402000 · Charging Penalties: establishing penalty behaviour

  • CH402050 · Introduction
  • CH402100 · Evidence needed
  • CH402150 · Evasion
  • CH402200 · Identifying the penalty risk
  • CH402250 · Planning what questions to ask: contents
  • CH402300 · Examples of questions to establish behaviour: contents
  • CH402330 · Examples of deliberate behaviour
  • CH402350 · Issuing factsheets and explaining the process
  • CH402400 · Discussing penalties with the person's agent
  • CH402450 · Talking to employees
  • CH402500 · How to ask questions
  • CH402550 · Recording evidence
  • CH402600 · Establishing the penalty position by correspondence
  • CH402650 · Dealing with non-cooperation
  • CH402700 · Evaluating evidence
  • CH402750 · Obtaining information from a third party
  1. Charging Penalties: establishing penalty behaviour: contents
  2. Charging penalties: establishing penalty behaviour: talking to employees

CH402450 | Charging penalties: establishing penalty behaviour: talking to employees

From HM Revenue & Customs · Compliance Handbook

You must not discuss penalties with employees unless you receive permission from the employer or other person whose tax position you are checking. If a refusal is given you should always establish and record the reason why.

Before asking an employee, who is authorised to act on behalf of the person whose tax position you are checking, any questions about an inaccuracy, failure or wrongdoing you should ensure they are made aware of their Human Rights, see CH300550.

Under some circumstances you may be approached directly by an employee or ex employee who wants to give you information about a business. If you are approached in this way you must follow the Human Intelligence Guidance.

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