Self-Assessment Dispute Solicitors

An HMRC enquiry into a self-assessment return — challenging income figures, expense deductions, allowable losses, or the correct treatment of specific receipts — can be prolonged and expensive if it is not managed correctly from the outset.

Self-assessment disputes arise from HMRC's formal enquiry powers under s.9A Taxes Management Act 1970 — used to open enquiries into personal tax returns filed by individuals, sole traders, and partners. HMRC can open an enquiry into any return within 12 months of the filing date; after that period, a discovery assessment can be raised where HMRC discovers an understatement of income or an over-claim of relief. A solicitor will advise on the scope of the enquiry, manage the provision of information to HMRC, challenge any proposed adjustments to the return, and pursue the appeal to the First-tier Tax Tribunal where HMRC's position is legally incorrect.

S.9A enquiries & closure notices Income & expense disputes Discovery assessments & time limits Free initial consultation

Self-Assessment Disputes — Key Issues

Self-assessment disputes — the issues most commonly raised by HMRC in enquiries into personal tax returns.

HMRC's self-assessment enquiries cover a wide range of issues — from simple disputes about the quantum of business expenses to complex challenges about the correct tax treatment of specific transactions. A solicitor will identify the correct legal position and present it to HMRC and the tribunal.

✓

Sole trader expense disputes — the "wholly and exclusively" rule

Sole traders can deduct expenses incurred "wholly and exclusively" for the purposes of the trade from their taxable income — travel, professional subscriptions, equipment, and business premises costs. HMRC challenges expense deductions where it considers the expense has a dual purpose (business and personal), is excessive for the scale of the business, or is capital expenditure (not immediately deductible). Home office claims — a deduction for the proportion of domestic costs attributable to business use — are frequently challenged where HMRC considers the proportion claimed is excessive. A solicitor will present the evidence that the expenses were incurred wholly and exclusively for the business, challenge HMRC's disallowance, and manage the appeal.

✓

Unexplained credits and lifestyle — HMRC raising additional income

HMRC's enquiry into a self-assessment return may extend to a "lifestyle check" — comparing the taxpayer's disclosed income against their known expenditure (mortgage payments, vehicle costs, holidays, and bank credits). Where the taxpayer's lifestyle appears inconsistent with their declared income, HMRC raises a "cash flow" assessment — estimating undisclosed income based on the discrepancy. Cash flow assessments are often significantly overstated. A solicitor will challenge the basis of HMRC's assessment — presenting the evidence of non-taxable receipts (loans, inheritances, gifts, sale of assets), the taxpayer's historical savings, and any other explanation for the lifestyle discrepancy — and reduce or eliminate the assessment.

✓

Property income disputes — rental income, allowable costs, and finance costs

Property income must be reported on the self-assessment return — the total rental income less allowable deductions. HMRC challenges property income returns where: the rental income is understated; repairs are claimed as capital improvements (not immediately deductible as repairs); or finance costs are claimed incorrectly following the changes introduced by the Finance (No. 2) Act 2015 (which restrict the deduction of mortgage interest to the basic rate tax credit). A solicitor will review the property income figures, identify the correct deductible costs, and challenge HMRC's assessment of additional income or disallowance of costs — presenting the correct tax position.

✓

Discovery assessments — HMRC raising tax outside the enquiry window

Where HMRC misses the 12-month window to open a formal s.9A enquiry, it can raise a discovery assessment where it "discovers" that the return contained an inaccuracy or omission. A discovery assessment requires HMRC to have made a "discovery" of an actual loss of tax — not a theoretical risk of loss. The time limit for a discovery assessment is 4 years (careless behaviour), 6 years (deliberate behaviour), or 20 years (fraud). A solicitor will challenge whether the conditions for a discovery assessment are met — whether there was a genuine discovery, whether the assessment was raised in time, and whether the loss of tax alleged actually exists. Successful discovery assessment challenges on procedural grounds can extinguish a substantial tax liability.

✓

Allowable losses — trade losses, capital losses, and anti-avoidance

Self-assessment taxpayers can offset trade losses against other income in the same or previous tax year (relief under s.64 ITA 2007), carry forward trade losses against future profits of the same trade (s.83), or set losses against capital gains (s.71). HMRC challenges loss relief claims where: the activity generating the losses does not constitute a "trade" for tax purposes (a hobby or activity without a profit motive); the losses are "sideways" losses from a limited activity loss making scheme; or the loss arose in a period that is out of time for carry-back relief. A solicitor will assess the availability of loss relief, present the evidence of a genuine trade, and challenge HMRC's disallowance of losses at appeal.

✓

Closure notices — ending the enquiry

An HMRC s.9A enquiry can remain open indefinitely unless HMRC issues a closure notice — a formal notice confirming the enquiry is complete and setting out any amendment to the return. HMRC is entitled to keep an enquiry open while it is gathering information, but it cannot use the enquiry as a pretext to keep a return under indefinite review. Where HMRC is unreasonably prolonging the enquiry — taking too long to respond to information provided, or raising new issues after the main issues have been resolved — the taxpayer can apply to the First-tier Tribunal for a direction requiring HMRC to issue the closure notice. A solicitor will manage the enquiry timeline and make the closure application where HMRC's delay is unreasonable.

How It Works

An HMRC self-assessment enquiry managed without specialist legal advice often produces a worse outcome than one managed by a solicitor — more tax, higher penalties, and a longer enquiry.

A solicitor will advise on the scope of the enquiry, manage the information provision to HMRC, challenge the basis of any proposed adjustment, and pursue the appeal to the First-tier Tax Tribunal where HMRC's position is legally incorrect.

Submit Your Request
1

Tell us about the self-assessment enquiry

Describe the nature of the enquiry — what HMRC is challenging, the tax year, and the amount of additional income tax or NIC HMRC is seeking to recover.

2

Solicitor assesses the enquiry and advises on strategy

A self-assessment specialist reviews HMRC's enquiry, assesses the legal merits of the taxpayer's return, and advises on the most effective strategy to achieve the minimum additional tax and penalty outcome.

3

Free initial consultation

You receive clear advice on the self-assessment dispute and the most effective legal response — at no cost and no obligation.

Free Initial Consultation

HMRC's position in a self-assessment enquiry is not always legally correct. A solicitor will identify whether it can be challenged — and pursue the challenge if it can.

Get specialist self-assessment dispute advice — and ensure the HMRC enquiry is managed effectively from the first letter to the final settlement.

Manage My HMRC Enquiry

Common Questions

Self-assessment disputes — what people ask us.

HMRC has opened an enquiry into my self-assessment return. Do I have to respond?

Yes — a formal s.9A enquiry notice is a legal document requiring the taxpayer to cooperate with HMRC's information requests within the statutory framework. However, you are not required to answer questions beyond what HMRC can require under Schedule 36 Finance Act 2008, and you should not voluntarily provide information that HMRC has not asked for. Communications made for the purpose of obtaining legal advice from a solicitor are protected by legal professional privilege and cannot be required to be produced to HMRC. A solicitor will review the enquiry notice, advise on what must be provided, manage the response, and ensure the taxpayer does not inadvertently expand the scope of the enquiry by providing more information than required.

HMRC is saying I have undeclared income from an online business. What should I do?

HMRC receives data from online platforms — including eBay, Etsy, Amazon, Airbnb, Vinted, and others — under data-sharing agreements and EU/UK domestic reporting requirements. Where HMRC identifies sales or income not declared on the self-assessment return, it raises a "nudge letter" or a formal enquiry. Whether the income is taxable depends on whether the sales are a "trade" (conducted commercially with a profit motive) or casual disposals of personal assets (not taxable). A solicitor will assess the nature of the online activity, advise on the correct tax treatment, manage the voluntary disclosure of any undeclared income where appropriate, and challenge any HMRC assessment that overstates the taxable income.

How long can HMRC keep a self-assessment enquiry open?

There is no statutory time limit on how long an s.9A enquiry can remain open — but the taxpayer can apply to the First-tier Tribunal for a direction requiring HMRC to close the enquiry within a specified period. The tribunal will grant the closure notice direction where it is reasonable to do so, having regard to the time the enquiry has been open, the information provided, and the issues under investigation. In practice, a straightforward enquiry should be capable of resolution within 12–24 months; a complex enquiry may take longer. Where HMRC is taking an unreasonably long time — particularly where the key information has been provided and HMRC has not identified any further issues — a solicitor will apply to the tribunal for a closure direction.

HMRC has raised a discovery assessment for a tax year that was not subject to an enquiry. Can I challenge it?

Yes — the validity of a discovery assessment can be challenged on multiple grounds: whether HMRC made a genuine "discovery" (as opposed to changing its mind about a treatment it could have challenged within the enquiry window); whether the assessment was raised within the applicable time limit; whether the taxpayer's return made "sufficient disclosure" to prevent the discovery assessment (where all relevant facts were disclosed on the return, HMRC cannot raise a discovery assessment — even if it did not challenge the treatment within the enquiry window); and whether the loss of tax alleged actually exists. A solicitor will review the discovery assessment and challenge its validity where any of these grounds apply.

Related Tax & HMRC Disputes Topics

View all →

Latest Articles

Quick Links