Situation
HMRC has written about past R&D claims. Do not ignore it, and do not panic.
A general letter suggests a claim may contain an error and invites you to review it. It is not an enquiry. We check the claim, tell you where you stand and prepare the reply. We reply the same working day.
What to do
Four steps.
Send us the letter
Note any date it sets. We read it the same working day.
Review the claim
We compare the claim, the report, the costs and the forms against the rules.
Decide
Reply with confidence, or correct what needs correcting. Telling HMRC about an error unprompted generally leads to lower penalties.
Reply
We draft the response and you approve it before it is sent.
If HMRC goes further
From a letter to an enquiry.
HMRC checked 17% of claims in 2023-24, and 77% of checks led to an adjustment. If your letter is followed by questions, read HMRC opened an enquiry, or see HMRC enquiry defence.
If a review shows something was wrong, see correcting past claims.
FAQs
Frequently asked questions
What does a general HMRC letter about past R&D claims say?
These letters are sent to many companies at once. They suggest that an R&D claim may contain an error, and they invite the company to review it and put it right. They are sometimes called nudge or one-to-many letters. They are not the same as an enquiry into your claim, but they are a signal that HMRC is looking at claims of a certain kind.
Is a general letter the same as an enquiry?
No. An enquiry is HMRC examining your particular claim and asking questions about it. A general letter is wider: it points to a possible issue and asks you to check. But a letter can be followed by a check, and a poor response can make that more likely. We read the letter and tell you which kind it is.
What should we check before replying?
Which claim and period the letter refers to, what exactly it says may be wrong, and whether it matches your claim. Then we compare the claim with the evidence: projects, costs, overseas work, grants, connected parties and agents. We do this before replying, because the reply is a statement to HMRC. We can do the check for you.
What if we believe the claim was correct?
Then say so, with the evidence, and do not simply assume it. A reply that shows how the claim meets the rules is better than silence. We review the claim first, so that the confidence is justified, and then prepare the response. If the review finds a problem, we tell you before you reply.
Can HMRC open an enquiry after a general letter?
Yes. HMRC can normally open an enquiry within 12 months of the return being filed, and later through a discovery assessment where the rules allow. A letter does not stop either. Whether it does depends on what you say and what the evidence shows. A well-evidenced reply gives HMRC less reason to ask for more. We cannot predict what an officer will do.
Should the adviser who prepared the claim reply?
Not necessarily. The claim is the company's, and the reply is a statement of the company's position. If the original adviser is helpful and the claim is sound, they may help. If they are not, or the claim is doubtful, an independent view is wiser. We check the claim first, then decide who should reply.
What date does the letter give for a reply?
Look at the letter itself: the date and what it asks for are set there, and we do not assume. Tell us the date when you send the letter. If more time is needed to review properly, we ask for it before the date passes, not after, and we explain what we will provide.
Could ignoring the letter make penalties worse?
HMRC's penalty rules look at behaviour, and penalties are lower where a company tells HMRC about an error unprompted. We cannot say how a general letter changes that. What we can say is that ignoring one removes any chance to put things right on your terms, so we recommend a considered reply.
How do we confirm a past claim was correct?
By testing it against the rules, not against memory. Was there an advance in science or technology? Was the uncertainty real? Were the costs qualifying, paid and traceable? Did overseas work or a grant matter? We go through the technical report, the cost schedule and the additional information form, and compare them. We report in plain terms.
What if the letter relates to a claim that was only partly wrong?
Then only that part needs correcting, and the rest can stand. We separate the two and show you the effect on the figures. Whether to correct, and how, is your decision. If you do, the full overclaim for that part must be repaid even if an adviser took a fee from it.
Does replying to HMRC give up any rights?
A careful reply does not. A careless one can, because what you say becomes part of the record. That is why we draft carefully, say only what we can support, and show you the reply before it is sent. If you have already replied, send us a copy and we will take it from there.
Can you review all the years HMRC might care about at once?
Yes, and it is often sensible. If one claim has a weakness, others prepared in the same way may share it. We review the claims together, rank them by risk and tell you which, if any, need attention. It is better to know the whole position before deciding what to say.
How do general letters affect our future claims?
They do not stop you claiming. But they are a prompt to review how claims are put together: whether descriptions are specific, costs are traceable and records are kept. We use the review to improve the next claim, so it rests on better evidence. Our Assured package includes handling HMRC nudge letters and simple queries.
Who decides whether to disclose an error?
The decision belongs to the company, usually through its directors, not to the adviser. We advise on the facts, the figures and the options, and tell you what we would do. We do not contact HMRC about an error without your instruction. Where the company has doubts, it makes sense to have a review before anyone decides.
Does a letter mean HMRC has found a mistake in our claim?
Not necessarily. A general letter may be sent because a claim shares features with others HMRC has concerns about. It may be that yours is fine. But it is a reason to check, so that you can reply with confidence or put right anything that needs it. A short review is usually enough to know.
Related advice
You may also need
HMRC enquiry defence
HMRC has opened an enquiry into your R&D claim, or a previous adviser's claim? We triage the same working day and defend the claim from letter to closure.
Read moreCorrecting past claims
Think an earlier R&D claim was overstated? We review it, work out the correct figure and handle amendment or disclosure to HMRC, in confidence.
Read moreClaim review
An independent review of an R&D claim before you file it: projects, costs, evidence and HMRC risk. Signed off by a Chartered Tax Adviser.
Read moreHMRC opened an enquiry
HMRC has written about your R&D claim. What to do first, what to avoid, and how we take over the response. We reply the same working day.
Read moreBook a call
Tell us about your R&D, any HMRC letter or your client in two minutes, then book a confidential call. No obligation. We reply the same working day.
Read more
