Something awful has happened

[Gointhruhell]

I've changed my name as this is very sensive but I had to talk to someone.
My dh used to work for a company and had to do extra work which he was paid directly for. He thought his employers were paying tax but turns out they weren't. The reason he thought this was his salary didn't change but his end of year amount varied.
I wish to God he'd been less trusting as now the Inland revenue have summoned him to appear in court. If they manage to convict him he'll be fined at the best and lose his employment. He works for himself but it's the sort of work where you can't have a conviction and carr on
I can't believe that yesterday morning we were so happy then teatime our world crashed. Our families will suffer too and our parents are elderly. This will definitely get in the papers. I'm sooo upset I can't begin to imagine ever feeling good again. He just looks like he wants to cry all the time.

ladymuck, not only was there no indication of the prosecution we've had no correspondance. Neither has his solicitor. His sol only said 2 days previous 'shall i close this file now?' and dh told him that they'd spoken to his secretary 6 months before telling her it'd be resolved within 2 weeks. There'd been no contact from the IR prior to the raid either.
The IR don't have any say over what the penalty would be and at worse what we have is a large unpaid tax bill and a dispute over who should pay. They're trying to say he's tried to evade liability when all that happened was he stuck it in a bank account in his own name and our address.

Apologies to anyone here who works at the IR but IMO they are b*stards. We are going through something similar right now Gointhruhell, it has been hanging over us for over a year and at one point I really thought dh was going to have a breakdown over it. He is totally innocent of all charges (very long story) but has spent £20,000 so far on legal fees proving it. His case eventually comes to court next month thoug his barrister is confident the charges will be dropped beforehand as the IR dont have a leg to stand on. If we lose the case, we lose the house, not nice when we have a new baby and a 4 y/o with health problems.

I cant offer any advice but I can offer lots of sympathy. Try and give your dh a shoulder to lean on and support him all the way. Good luck.

(((hugs))) bunny2. I wouldn't have believed what b* they are if we weren't going through this. They have been very malicious.
My dh is the most honest hardworking guy imaginable and I just wish he hadn't stayed at that firm for so long. The detective involved knows dh and told the IR he has a lot of respect for dh and that he's let his views be known. Also the IR took things form dh's office (which they have no legal right to do) and this detective told them it was out of order.
If dh was such a liar why would he be contacting his MP? and a national?

Absolutely standard for there to be no contact before a raid: they're raiding because they believe that you will destroy the documents that they're looking for.

My understanding is that as a prosecuting body the IR is entitled to request a particular enforcement of the law and press for certain penalties - obviously it is down to the magistrate/judge to determine the penalty. As this is a criminal action, you are not dealing with the unpaid tax bill here - at a minimum, if convicted, there would be a fine over and above the tax owed (the tax would be pursued separately through a civil action and not a criminal one).

I am surprised that they are prosecuting without any other contact though. This can only be good news for you, as it means that your dh can demonstrate absolute willingness to co-operate. It may also indicate that they're really after the old firm, but are covering their bases, though it would be unusual to pursue a "criminal" case agianst your dh in those circs - I would have expected them to go down the civil route.

If you're looking for advice, then dh's solicitor should contact your dh's local Inspector of Taxes, writing in with a full disclosure of facts, and copying that to the SCO. At least you will have this down on record. As for the case being in October, these cases get resolved/moved/postponed/settled etc up to 5 minutes before the actual hearing. There's plenty of time for action if you wish to avoid publicity.

Out of interest who's telling you that there is no possibility of a custodial sentence? Dh, his solicitor or the SCO?

God it all sounds so confusing, i really feel for you Gth. There is nothing worse than your security being threatened.
Are they trying to get him for tax evasion?
What does this mean? If you can prove all the money he was paid went into his own bank account at his adress is this not tax evasion? Will they let you pay the money back in this instance. Is tax evasion where you actually try and hide the money?

Lady muck Just curious but what documents would they be looking for in a raid?

Gth, hugs to you too. It is a really scarey situation to be in and the IR are so damned powerful. The last 14 months since this started have been really hard but it has brought us even closer together. There have been times when I have really laid into dh asking how he could be so stupid to let himself get into such as position, but mostly I have supported him and it has made our marriage stronger. I have also become more accepting of the worst case scenario (this took a long time) and know at the end of the day that we will be ok as long as we have each other and our children. As I have said, it took a long time to reach that acceptance but it is a good place to be.

Anything financial, but especially bank statements, details of investments, receipts/details of expenses, evidence that his lifestyle doesn't tally with declared income, evidence of accounts tec that haven't been declared, contracts relating to his business - it's fairly wide ranging. It is not unusual for warrants to be served onother businesses/banks etc involved at the same time as the dawn raid (though not in the same manner, esp with a bank say who would be given 30 days to provide the necessary documents).

It is definitely an intimidating process! All the more so if it is all being done by warrant and summons and you're not actually talking to the investigators at all - after all you are their "customer" (in their own in-house style).

Hi LM, after the IR carried out the raid of our home and office they didn't find any documents, account or money which isn't surprising as all the money was paid into dh's bank acc. in his name at our home and sat there. We're all scratching our heads to see how they can classify it as cheating. there's a full record of any payments in/out and no funds have been transfered whatsoever. What's annoyed us is that since the raid there's been no contact to say how much tax they alledge he owes, no figures have been mentioned.
Fortunately all the payments are documented and paid through the bank and no cash has ever been involved.

I agree bunny2, if you love and trust one another so deeply it can ony make you stronger.
When we were raided our children who were then 5 and 2 saw it all. It was dreadful for them and the eldest still mentions it. I ended up on Anti Ds afterwards.
I have a friend who used to be involved with a drug dealer and it was weird not being able to confide in her that I'd been through a raid too.

It is all a bit bizarre, I agree, and hence why it must be so worrying. Is your solicitor used to this sort of case?

FYI here is the code of practice for these cases, with the complaints procedure at the bottom. It sounds as if you should have a case for a complaint.

cheers for that LM, I've saved it to faves.

Dh's solicitor was a clerk to the court and dealt with the IR matters. He's vastly experienced in this sort of case and actually knows the sol who is prosecuting DH