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Alternative Dispute Resolution
Expert Mediation
Our experienced tax accountants will negotiate on your behalf to secure favourable outcomes efficiently. With our personalised approach, we aim to reduce your stress and help you navigate tax regulations confidently.
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HMRC Dispute Resolution
Alternative Dispute Resolution (ADR) is a process that engages a third-party mediator, referred to as an arbitrator, to assist in resolving tax disputes between taxpayers and HM Revenue and Customs (HMRC). This method seeks to address issues in a manner that is both efficient and cost-effective, benefiting both parties by saving time and resources. ADR is accessible to all taxpayers, including individuals and businesses.
WE CAN RESOLVE DISPUTED WITH HMRC
Using ADR has several benefits. It helps each side understand the other’s viewpoint. The structured nature of the process allows for quicker resolutions, and because there are no public court hearings, confidentiality is maintained. If the resolution does not succeed, ADR can clarify the issues for the next steps, which may include a Statutory Review or a tribunal hearing.
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What is HMRC Alternative Dispute Resolution (ADR) and how does it work?
HMRC Alternative Dispute Resolution (ADR) offers a way to settle tax disputes without going to court. In this process, an independent mediator from HMRC helps the taxpayer and HMRC officials talk through their disagreements and find common ground.
The mediator listens to the taxpayer’s concerns and tries to understand HMRC’s views. The mediator does not decide who is right or wrong; their job is to help both sides have a discussion aimed at reaching a solution.
You can start the ADR process in two situations: during a compliance check if conversations are getting stuck or after receiving an HMRC decision you want to challenge. It’s important to know that choosing ADR doesn’t take away your right to appeal later if necessary.
The ADR process is flexible and private, allowing you to control the conversation. By using ADR, you can avoid the high costs and long delays that often come with tribunal hearings. Many people find that ADR leads to quicker and less stressful solutions for their tax issues. Our team of former HMRC inspectors knows how mediation works. They can help you prepare your documents carefully and advise you on the best points to bring up in discussions.
Who can use HMRC ADR?
If you disagree with HMRC, you can request Alternative Dispute Resolution (ADR), available to individuals, sole traders, partnerships, and limited companies for issues like Income Tax, VAT, PAYE, or Corporation Tax. You can initiate ADR if HMRC has started a compliance check or made a challenging decision.
ADR does not apply to cases involving criminal investigations or those already in tribunal. Our experienced tax advisors, including former HMRC inspectors, will assess your case to determine if ADR is suitable and suggest the next steps. HMRC data indicates that over 80% of ADR cases result in a full or partial agreement, highlighting its effectiveness in resolving disputes.
How do I apply for ADR with HMRC?
To start the Alternative Dispute Resolution (ADR) process, ask HM Revenue and Customs (HMRC) during your compliance check or after a statutory review. You can write to the address on your review letter or use the online form. Make sure to include your tax reference, a summary of the issues, and the name of your mediator contact if you have it.
Next, HMRC will review your request and assign a trained mediator within about 30 days. Then, you and the case officer will meet with the mediator. Our tax accountant can help you draft your application and review your arguments. We have tax appeal experts, who will make sure you include all important facts and evidence. Meanwhile, you need to respond to mediator requests within 15 days to keep the process moving towards a resolution, which usually wraps up within four months.
What are the benefits of using ADR over going to tribunal?
Alternative Dispute Resolution (ADR) is generally faster than going to a First-tier Tribunal. It typically requires about 15 hours of mediation, compared to up to 250 hours for tribunal hearings. ADR saves on professional fees by avoiding lengthy legal processes and keeps discussions confidential, protecting sensitive information.
ADR can also help maintain good relationships with HMRC, allowing for direct negotiation rather than relying on a judge’s decision. Importantly, choosing mediation does not affect your right to appeal if necessary. Additionally, ADR can lead to creative solutions that benefit both parties. For many tax disputes, ADR is an efficient and collaborative option.
What happens during the ADR mediation meeting?
At the mediation meeting, you sit with the HMRC officer and the mediator. The mediator opens the session by explaining the rules. They then let each side present their view without interruption. You may share documents or evidence.
During the meeting, the mediator may separate parties into different rooms to explore solutions in private. After the meeting, everyone comes together to discuss possible settlement terms. You carefully review any offer. If both sides agree, the mediator writes down the terms. Once signed, this settlement is binding. If no agreement is reached, you can still take the case to the tribunal.
Can ADR outcomes be enforced and what if talks fail?
When both parties sign an Alternative Dispute Resolution (ADR) agreement, HMRC regards it as binding. They will implement any agreed-upon changes to your tax liability or any adjustments to penalties, and you will receive revised calculations or refunds accordingly. A tax accountant can help draft clear settlement terms to prevent misunderstandings.
If the ADR process does not result in an agreement, you still have the option to appeal to the First-tier Tribunal. It’s important to note that engaging in ADR does not diminish your appeal rights. In that situation, we will continue to support you by filing your appeal, organizing your documentation, and representing you at the hearing. Our team includes former HMRC inspectors who can anticipate HMRC’s arguments, thereby strengthening your position. This way, you can transition from mediation to a formal appeal without losing the continuity of advice or momentum.