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Correcting past claims

If an earlier claim was wrong, we help you put it right.

We review past R&D claims in confidence, work out the correct figure and handle amendment or disclosure to HMRC. Telling HMRC unprompted generally leads to lower penalties. We reply the same working day.

When this applies

Five reasons to ask for a review.

  • A new adviser, or an accountant, has doubts about an earlier claim.
  • HMRC has sent a general letter about R&D claims.
  • The original adviser has gone quiet, or has closed.
  • A claim was built on boilerplate descriptions or on costs nobody can trace.
  • Work was done abroad, or a grant was received, and the claim did not take it into account.

If HMRC has already opened an enquiry, go to HMRC enquiry defence. If you have had a general letter, read what to do about a letter on past claims.

The three routes

Which route depends on the time limit and on behaviour.

  1. Amend

    Within the time limit, the return can be amended and the claim corrected.

  2. Disclose

    Out of time to amend, HMRC's online R&D disclosure service is used to tell it about the overclaim.

  3. Contractual Disclosure Facility

    Where the overclaim may have been deliberate, HMRC uses a different process, and legal advice is wise.

What we do

Review first, decide second.

  1. Confidential review. We read the claim, the report and the cost schedule, and work out whether anything was overstated and by how much.
  2. The corrected figure. We rebuild the claim as it should have been, so the number is right.
  3. Your options. We explain the route, the likely approach by HMRC to penalties, and what each choice means. You decide.
  4. Dealing with HMRC. If you decide to correct or disclose, we prepare it and handle the follow-up. Nothing is sent without your sign-off.

Repaying the full overclaim is required even if an agent took a fee from it. That is HMRC's guidance, and we say so at the start so there are no surprises.

See also our claim review and the case study on an inherited claim.

FAQs

Frequently asked questions

What should we do if we think a past R&D claim was wrong?

Do not ignore it, and do not rush to HMRC either. Ask us for a confidential review first. We look at the projects, the costs and the evidence, work out whether anything was overstated and by how much, and then set out your options. You will then know the position before anything is said to HMRC, which is the best time to decide what to do.

Can a wrong claim be put right by amending the return?

Where you are still within the time limit to amend, yes, that is usually the route. The time limit for an R&D claim is generally two years from the end of the period of account. Once you are out of time to amend, HMRC provides an online R&D disclosure service. We tell you which applies to each period.

What is HMRC's R&D disclosure service?

It is an online service for telling HMRC you claimed too much R&D relief when you can no longer amend the return. You give details of the period, the amount and how the error arose. HMRC's guidance on telling it about an overclaim is updated regularly, and we follow the current version. Deliberate cases are dealt with differently.

How does telling HMRC first reduce the penalty?

HMRC considers inaccuracy penalties where an error is careless or deliberate, and the level depends on behaviour. Penalties are lower where the company tells HMRC unprompted. Telling HMRC before it contacts you, with the full and correct figure, puts the company in the strongest available position. That is why we work out the right number before disclosing.

Do we repay the whole overclaim if our adviser took a fee from it?

Yes. HMRC's guidance says the full overclaim must be repaid even if an agent took a fee out of the money. The company is responsible for its return. Whether any of the fee can be recovered from the adviser is a separate question between you and them, and does not reduce what you owe HMRC.

Will HMRC ask who prepared the claim?

Yes. The disclosure asks for the name of the agent who prepared the original claim. HMRC takes a close interest in agents who produce poor claims, and it can refuse to deal with them in some circumstances. Answer accurately. We handle that part of the disclosure for you, and we explain it to you beforehand.

Can we get our fees back from the original adviser?

Possibly, but it depends on the contract and on what went wrong, and we do not give legal advice on disputes. Keep the engagement letter, the invoices and all correspondence. We can give you an independent technical view of the claim, which is useful evidence, and you may want a solicitor to advise on any claim against the adviser.

What if the overclaim was deliberate?

HMRC treats deliberate cases differently, using its Contractual Disclosure Facility rather than the standard online service. If you suspect deliberate conduct, by anyone, take advice before you contact HMRC. Tell us in confidence what you know, and we will explain what the position means and who else needs to be involved.

How far back can HMRC look at an R&D claim?

HMRC can normally open an enquiry within 12 months of the return being filed, or a little longer for late or amended returns. After that, it can raise a discovery assessment, normally up to 4 years after the period, 6 years if the error was careless and 20 if deliberate. We check the position for each of your periods, rather than guess, because the answer differs by year and by what was filed.

What will putting this right cost us in total?

The main element is repaying the overclaim. On top of that, HMRC may charge a penalty, depending on how the error arose and how it is disclosed. Before you commit to anything we calculate the corrected claim and the likely range, so you can see the whole picture. Our own fees are quoted on request.

What if we cannot repay the money in one go?

Tell us early. How a payment is made is something to raise with HMRC when disclosing or soon after, not after a demand arrives. We can present your position to HMRC with the disclosure. We do not know in advance what HMRC will agree, and we will not promise an outcome.

Does correcting a past claim affect our future claims?

It should not stop you claiming, but HMRC will have seen how the company evidenced its R&D, and later claims will be read with that in mind. We use the correction to fix the root cause, usually records and project selection, so future claims are stronger. A claim based on better evidence is the best answer to any concern.

What if only part of an earlier claim was wrong?

Then only that part needs correcting. One poorly evidenced project does not make the whole claim wrong. We separate what stands from what does not, put the correction in front of you and, if you agree, put the right figure to HMRC. We would not withdraw a valid claim just because part of it was weak.

What happens after we disclose?

HMRC reviews the disclosure and may ask for further information, and it decides on any penalty. We deal with those questions so you do not have to. We explain each step as it comes and make sure that you see everything before it is sent. If HMRC opens an enquiry from there, we can defend it.

Should we disclose before HMRC writes to us?

If a review shows that a claim was overstated, telling HMRC before it contacts you is generally the better course, because the penalty position is better for unprompted disclosure. But decide on facts, not nerves. A review can show a claim is sound, in which case there is nothing to disclose. That is why we review first.

How would we know if a past claim was wrong?

Common signs are project descriptions that read like templates, costs nobody can trace to payroll or invoices, overseas work claimed for a period when it was restricted, grants ignored, or a previous adviser who cannot be reached. A short review of the papers usually tells us. You do not need to be sure to ask; it is what the review is for.

What papers do we need for a review of past claims?

The claim and technical report if you have them, the additional information form, the cost schedule, the accounts and Company Tax Return for the period, and any HMRC correspondence. If you do not have the adviser's working papers, tell us. We can work from what the company holds and from the figures in the return.

Worried about an earlier claim?

Talk to us in confidence. We reply the same working day.

Or write to taxadvisory@aswatax.co.uk

Last reviewed 11 October 2026
Chartered Tax Adviser
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