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HMRC internal manual

Compliance Operational Guidance

From
HM Revenue & Customs
Updated
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Supporting Guidance: employer compliance: guidance by subject: letter of offer: exclusions clause

To avoid any later dispute you should

  • exclude by a specific clause unpaid duties for a period within the compliance check which are not included in the settlement.

This could include technical issues that are working within a different team or directorate, or is awaiting specialist guidance where there is no likelihood of early resolution and the employer/contractor wishes to settle any liability not in dispute.

For example

  • termination payments,
  • share options,
  • status disputes
  • FURBS.

In these situations the following clause should be inserted in the letter of offer.

‘It is understood and agreed that this offer specifically excludes any liability arising in connection with [insert subject matter being excluded] for the years 200x-200x to 200x-200x’

Note: Once the technical issue is resolved and is moving to the settlement stage, care should be taken to apply consistent treatment with issues previously settled in the application of any penalties.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000) EM6343.