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HMRC internal manual

Compliance Operational Guidance

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HM Revenue & Customs
Updated
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Supporting Guidance: employer compliance: guidance by subject: liaison: specialist teams - employee shares and securities teams

Employee shares and securities teams are part of Local Compliance - Individuals & Public Bodies (I&PB) Customer Group.

Voluntary disclosures

If you receive a voluntary disclosure in relation to shares send the disclosure and any accompanying documents, including details of payments on account received, using either:

  • the RIS mailbox process. Select Request to be sent to: Employment Related Securities from the drop down menu.
  • post to (This content has been withheld because of exemptions in the Freedom of Information Act 2000) . You must follow the relevant data security guidelines.

SIP packages

If you receive a SIP package where:

  • shares is one of the risks
  • share issues/risks are discovered through the secondary risk assessment
  • share issues/risks (approved or unapproved) are identified as part of a compliance check including where an overpayment has resulted due to share transactions

you must liaise with one of the contacts below before any action is taken.

 

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Where a share transaction is identified, and following liaison with one of the contacts this aspect is referred to them for further action, this should be done using the attached template (Word 53KB).

See also COG904585 for details of the action to take where Expat employees are involved in the scheme or schemes under consideration. Both LB and SPT PTI have their own specialists dealing with shares issues and they will follow their own guidance in such situations.

Large Businesses

The specialist team will undertake compliance activity on all relevant employers but should follow the process below for all Large Businesses (see COG904550 for definition of a large business) who will either have a Customer Relationship Manager (CRM) or Customer Co-ordinator (CC) appointed by Large & Complex to co-ordinate all HMRC compliance activity.

Those cases with a CRM

Undertake compliance activity under the direction of the CRM.

  • Where an Employer Compliance Tax Specialist (ECTS) identifies the existence of a Share Scheme and a risk assessment of the form 42 is not held, then the case can be referred to the Shares Unit SPOC who will make sure a risk assessment is undertaken and the details reported back. Any such request should be submitted on the template detailed above which should be suitably amended to indicate that you are requesting a risk assessment for a CRM led case.
  • The exception to this is when an ECTS identifies the existence of a Share Scheme and Expatriates are involved (see COG904585). 
  • Where the CRM decides that compliance activity is needed contact must be made with the Shares Unit SPOC to make sure joint activity is undertaken with the Shares Unit Team or, where shares is the only risk, solely by the Shares Unit Team

Those cases with a CC

The CC, who will be aware of other relevant compliance activity, will give clearance to the Specialist Team and where appropriate ringmaster such activity. In addition, they will update business overview documents accordingly.

Where a share transaction is identified, and following liaison with the Specialist Team, where this aspect is referred to them for further action this should be done using the attached template (Word 53KB).