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HMRC is asking to see all my customers information so they can review my tax credits claim - isn t this breach of Data Protection Act?
The HMRC recently sent me a letter saying they ve got to review my business based on my tax credits claim.
They want to see all my customers invoices for the past three months (originals not copies).
I m fine with giving them this apart from the fact that my customers names and addresses and details of what they ve ordered are included on the invoices.
The HMRC have told me they have their own data protection act that covers them to have this information, but I really don t feel confident at giving them this information as it could possibly be passing my customers information onto a third party. HMRC or not I m quite sure they re not about the data protection law on this one, the only thing is though is that they are withholding my tax credits until they receive this information (I see it is a form of bribery which is most probably illegal).
So the question is what do I do - give in and send them the information and hope they don t lose or misuse it, or blank out all the addresses on the invoice to make them anonymous or are they likely to come back and demand to see them?
Thanks for all the replies, I got in touch with the ICO and they've advised me that HMRC are not above the DPA law and unless they can give me a reason why they need to see my customers names and addresses they can't have hem - HMRC have said there is no reason for them to see it and so have agreed for me to blank them out, they also explained I was reading too deep into what they wanted (obviously they don't write their letter for people with Asperger's in mind!)
4 Answers
- CliveLv 75 years ago
It is not and never has been. HMRC are the government and totally entitled to see this information. Do not blank anything out or they will refuse to accept them as evidence. You can see it how you like but it is not bribery - THEY pay you tax credits and they're entitled to know if you fulfil the requirements to get the money. You don't have a right to tax credits - the government didn't have to enact that you can have them. Of course if you don't want the money, nobody is forcing you to claim. As a taxpayer, aren't you interested in knowing that your money goes only to people entitled to it?
If you were a large company, you'd have to make all this available to your auditor. Fail to do so and you don't get a "clean" audit report. Which would be telling the world that nobody can trust your accounts. That has been true since before we even HAD a Data Protection Act. After 20 years working as an auditor, I know - you would be getting in the way of the job you're paying me to do.
In any case, the Data Protection Act is only about computerised records, not paper. It exists to prevent the misuse of electronic records. And it does not apply to HMRC when other Acts give it the authority to see what it needs to see to do its job. As they have told you, other Acts DO do that.
- TavyLv 75 years ago
HMRC is THE Government. They can ask to see anything they like, the Government put the DPA into British law. Of course they can ask.
If you refuse then they will prosecute you for withholding information.
UK
- MaxiLv 75 years ago
HMRC are asking to see your accounts and original invoices so a business audit.
If HMRC has any queries about the tax return ( or benefits you are claiming in association with your business), they can ask to see all records and supporting documentation associated with the return, including all invoices and receipts etc.
HMRC guidance explicitly states: "You must keep records of all your business transactions". It also states: "If you do not keep adequate records or you do not keep your records for the required period of time, you may have to pay a penalty."
You are claiming a benefit, it is their duty to make sure you that you are entitled to claim that benefit, so yes of course they will withhold
- 5 years ago
They have the right to see all of your unadulterated invoices, and they can force compliance. If you fail to provide the information, they can then void all of your tax statements, and amend them on their own, with what they determine the amount you should pay.
