Specialist UK tax advice for Manchester individuals, landlords, directors and businesses
Code of Practice 9

COP9 Tax Investigation Advice for HMRC Contractual Disclosure Facility Cases

COP9 is HMRC's civil investigation-of-fraud procedure for selected cases where HMRC suspects tax fraud. The Contractual Disclosure Facility gives the recipient a defined opportunity to disclose deliberate behaviour and other tax irregularities under contractual terms.

The 60-day period is not the time to reconstruct twenty years of figures in full. It is the period for deciding whether to accept or reject the CDF and, if accepting, preparing a valid and honest Outline Disclosure covering the deliberate behaviour being admitted.

COP9 Contractual Disclosure Facility

CDF 60 day deadline

COP9 outline disclosure

HMRC suspected tax fraud advice

COP9 / CDF enquiry

Tell us when you received the CDF offer

The date of receipt is important because the CDF response period is time-limited.

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COP9 carries a 60-day CDF response period. If you have received an offer, include the date received and do not wait until the deadline is close before seeking advice.
Direct answer

What Does COP9 Tax Investigation Advice Need to Address Immediately?

The first decision is whether the taxpayer can honestly accept the CDF terms and disclose deliberate behaviour, or whether the offer should be rejected because there was no deliberate tax loss.

The practical answer

COP9 Tax Investigation Advice Must Treat the 60-Day CDF Decision as a Separate Stage

The Outline Disclosure does not need every final calculation, but it must honestly describe the deliberate behaviour being disclosed. Accepting the CDF without understanding that admission, or rejecting it without analysing the facts, can have serious consequences.

60-day decision The taxpayer must accept or reject the CDF within the statutory response period stated by HMRC.
Outline Disclosure An accepting taxpayer must make a valid Outline Disclosure of deliberate behaviour within the CDF timetable.
Formal Disclosure Detailed calculations and supporting disclosure can follow within a period agreed with HMRC.
Accuracy Protection depends on complete, accurate, open and honest disclosure of the deliberate behaviour covered.
Service scope

COP9 and CDF Work We Can Review

The engagement can begin immediately after receipt of a CDF offer or later during the formal disclosure and settlement process.

01 / CDF

CDF offer review

The offer, deadline and consequences of acceptance or rejection are reviewed before a response is made.

02 / BEHAVIOUR

Deliberate behaviour analysis

The facts are examined to identify what, if anything, can honestly be characterised as deliberate behaviour.

03 / OUTLINE

Outline Disclosure

The initial description of deliberate and non-deliberate irregularities is prepared within the CDF framework.

04 / REPORT

Formal Disclosure Report

Historic tax liabilities, interest, penalties, explanations and supporting records are reconstructed in detail.

05 / MEETING

HMRC meetings

Chronology, disclosure scope and expected questions are prepared before meetings with Fraud Investigation Service.

06 / SETTLEMENT

Tax and penalty settlement

The final tax, interest, penalties and payment position are reviewed before the case is concluded.

How the engagement works

From CDF Offer to Formal COP9 Disclosure

01 / URGENT

Review the 60-day position

We identify the receipt date, deadline, suspected behaviour and immediate decision required.

02 / OUTLINE

Prepare the Outline Disclosure

The deliberate behaviour and other known irregularities are described honestly and sufficiently.

03 / RECONSTRUCT

Build the formal disclosure

Records, taxes, years, interest and penalties are reconstructed in detail.

04 / SETTLE

Conclude the COP9 case

The disclosure, HMRC questions, tax and penalty settlement are taken through to resolution.

CDF terms

COP9 Tax Investigation Advice Must Distinguish the Criminal-Investigation Undertaking From a General Immunity

HMRC's CDF undertaking is powerful but specific. It relates to the suspected frauds connected with the deliberate behaviour honestly disclosed under the contractual terms.

60 days The recipient has 60 days from receipt of the CDF offer to accept or reject it.
Valid Outline Disclosure Acceptance requires a valid Outline Disclosure describing the deliberate behaviour being admitted.
Formal disclosure later Precise calculations and the detailed Formal Disclosure are completed in the subsequent period agreed with HMRC.
Up to 20 years Where deliberate behaviour is admitted, HMRC can generally seek relevant tax, interest and penalties for periods extending up to twenty years, subject to the applicable law.

Accepting the CDF is an admission that deliberate behaviour caused a loss of tax, duty or a relevant HMRC-administered payment. It should therefore never be treated as a routine form-filling exercise. Equally, rejection should only follow a genuine conclusion that there was no deliberate behaviour of the kind alleged.

Code of Practice 9

HMRC's current accessible guidance on the civil investigation-of-fraud procedure and the CDF.

Official COP9 guidance ↗

Agent authority during COP9

HMRC's COP9 guidance explains that taxpayers can authorise an adviser to deal with the investigation.

Agent authorisation ↗
Frequently asked

COP9 and CDF Questions

How long do I have to respond to a COP9 CDF offer?

HMRC gives 60 days from receipt of the CDF offer to accept or reject it.

Do I need the final tax calculations within the first 60 days?

Not necessarily. The initial Outline Disclosure does not need every final calculation where they cannot reasonably be obtained in that period, but it must honestly describe the deliberate behaviour being disclosed.

Does accepting the CDF mean admitting fraud?

Acceptance involves admitting deliberate behaviour that brought about a relevant loss to HMRC. That is why the facts should be reviewed carefully before the CDF is accepted.

Does COP9 guarantee that I cannot be prosecuted?

HMRC undertakes not to commence a criminal investigation into the suspected frauds connected with the deliberate behaviour properly disclosed under the CDF terms. The undertaking is not a blanket immunity for unrelated offences or incomplete disclosure.

What happens if I reject the CDF?

HMRC states that it will begin its own investigation, which may be criminal. Rejection should therefore reflect a genuine belief that there was no deliberate behaviour causing the relevant loss.

Can COP9 go back twenty years?

Where deliberate behaviour is involved, HMRC's COP9 guidance explains that tax, interest and associated penalties can generally be pursued for periods extending up to twenty years, subject to the applicable legislation.