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How to handle R&D enquiries

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HMRC sometimes adopts a desk-based correspondence approach for checking claims, although its manuals and LSS (and our experience) suggests meetings and collaborative working are a more efficient way to resolve disputes. HMRC can rectify excessive claims via discovery assessments and contract settlements, subject to time limits, as well as by closing CTSA enquiries. Tax-geared penalties may be charged for careless or deliberate mistakes, but no penalties are due if the company took reasonable care, including properly relying on advice. Companies may challenge HMRC’s decisions via ADR, statutory reviews or tribunal appeals.

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