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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: Employment Status & Intermediaries: dispensations - reviewing dispensations - pre 6 April 2016

This page only applies prior to 6 April 2016

All dispensations must be reviewed, as a minimum requirement, when they reach 5 years old. Where a dispensation includes non-domiciled employees see EIM30079

The review:

  • allows the employer to confirm that the conditions at EIM30057 EIM30059 are being met
  • makes sure that the record remains live on ECS. (At year 6 where no action has been taken the ECS entry will be automatically deleted)

A review should also take place where there has been:

  • legislative change
  • or the Employer represents significant risk

Following the review:

  • a new dispensation will be issued and/or
  • the old dispensation will be revoked.

Identifying Cases to be Reviewed

In order to identify cases to be reviewed a request should be made to Risk and Intelligence Services (RIS) to run a profile of employers where a dispensation is in place incorporating the categories to be searched on

  • number of years where no activity
  • type of item
  • range of Owning Offices (Tax Offices)
  • outcodes (The part of the post code before the space)

Where offices have adequate records these can be interrogated as an alternative to making an approach to RIS.

LB will follow “in house” arrangements for Risk and Research and related instructions.