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Situation

HMRC is checking a claim another firm prepared.

We take over, assess the claim independently and defend what can be defended. We also defend R&D enquiries on claims prepared by others. We reply the same working day.

The problem

The adviser who prepared the claim is not much help now.

Four patterns are common:

  • The adviser has stopped replying to HMRC, or to you.
  • The firm has closed or been taken over.
  • The claim was built on templates and nobody can explain it.
  • The engagement ended when the claim was filed, so there is no one to defend it.

None of these is hopeless. The claim belongs to the company, and the company can decide who acts for it.

What we do

From inherited papers to a defensible position.

  1. Triage

    Send us the letter, the claim and the reply date. We reply the same working day.

  2. Independent assessment

    We check the projects, the costs and the evidence against the Government's guidelines, and tell you honestly how strong the claim is.

  3. Rebuilding the evidence

    Where the original papers are thin, we interview the people who did the work and rebuild the technical and cost evidence from source.

  4. Defence

    We write the responses, prepare your people and attend any meeting with HMRC.

  5. Correction, if needed

    If something was overstated, we tell you first and set out the options. Unprompted disclosure generally leads to lower penalties.

A real example

Seven projects in, five projects out.

A claim started with another adviser had stalled. We reviewed the seven possible projects, excluded two and built a defensible claim on the other five.

FAQs

Frequently asked questions

Our old R&D firm prepared the claim. Who defends it now?

You can instruct us. The claim belongs to the company, not to the firm that prepared it, and the company decides who acts for it. We review what was claimed, take over correspondence with HMRC once you authorise us, and tell you where the claim is strong and where it is not. We also defend R&D enquiries on claims prepared by others.

Will our previous adviser help with the enquiry?

Sometimes, and sometimes not. A good adviser will provide the working papers and explain what they did. Others stop replying or say help is outside their engagement. We ask once, in writing, on your behalf. If no help comes, we work from what the company holds and rebuild the evidence from the people who did the work.

How do we get the previous adviser's working papers?

Ask in writing, say which claim and period you mean, and set a date. We can draft that request for you. The company's own records, such as payroll, invoices and project files, are yours in any case. If the adviser's papers do not arrive, we do not wait: we rebuild the technical and cost evidence from source.

What if the original claim was inflated?

Then we tell you in confidence before HMRC hears it from anyone else. We work out the correct figure and set out your options, which can include correcting the claim. The full overclaim must be repaid even if the adviser took a fee from it, and telling HMRC unprompted generally leads to lower penalties.

What about fees we still owe the previous adviser?

That depends on the engagement letter, which we do not see until you share it. Read what it says about notice, about fees for work done and about work after filing. We do not give legal advice on contract disputes, but we can say whether the work was done to a standard that would stand up. That can inform your decision.

Does the previous adviser carry any responsibility for a poor claim?

Possibly, but that is a question for a solicitor, not for us. What matters now is that the company is responsible for its return, and HMRC will look to the company for any repayment. Keep the engagement letter and all correspondence, because they may matter later. We focus on dealing with the enquiry properly.

Can you rebuild the technical case from scratch?

Yes. We interview the people who did the technical work, go through the project records and write a fresh account of the uncertainty, the work and the advance, measured against the Government's guidelines. Where the original claim was boilerplate, this often means narrowing the claim to what can be shown. A smaller, honest claim is a better position than a larger weak one.

Will HMRC treat us differently because of who prepared the claim?

The company is responsible for its claim, whoever prepared it. HMRC does take an interest in agents: it can refuse to deal with them, and its anti-abuse unit looks at suspected abuse at agent level. We cannot predict how an officer will behave, but a calm, evidence-led response is the best approach whoever prepared the claim.

What if the previous firm is no longer trading?

The papers may be hard to recover, so we work from the company's own records and the people involved. The notification and the additional information form name every agent who advised on the claim, which helps us see who was involved and how it was put together. We then build the position from there.

Can we report a poor R&D adviser to HMRC?

Yes. HMRC publishes guidance on reporting poor R&D service standards and gives an email address for complaints about R&D agents. Think about timing and take advice first, because a report may prompt questions about your own claim. We can tell you what is sensible at your stage, and we can help you prepare the facts.

Should we correct the claim before the enquiry finishes?

If the review shows the claim was overstated, usually yes, and sooner is better, because unprompted disclosure generally leads to lower penalties. But we do not decide that on instinct. We assess first, then explain the position and the options. You may find that the claim is largely sound and needs only better evidence.

What if the same firm prepared several years of claims?

Then we look at all of them, starting with the one under enquiry. If one claim was built on boilerplate or untraceable costs, the others may share the same weakness. It is better to know, and to decide what to do, before HMRC extends its questions. We tell you what each year looks like.

How do you assess an inherited claim quickly?

We start with the letter, the claim, the additional information form and the cost schedule, then compare them with each other and with the project records. Inconsistencies show up fast. Within a short review we can usually say whether the claim is sound, weak or in need of correction, and what to do first.

Can you also prepare our next claim?

Yes, once the enquiry is under control. By then the enquiry has shown what good evidence looks like. A new claim prepared to our standard, with the records built in, is the best way to stop the problem recurring. If you want, our Assured and Zero Risk packages include record-keeping set-up and quarterly check-ins.

How do we stop this happening again?

Choose an adviser who explains their method, shows you the draft before it is filed and does not rely on templates. Keep project records through the year, with a short note of the uncertainty at the start. Ask who signs off the claim and who defends it. Our page on moving provider lists the questions to ask.

Tell us what you have.

Send the letter and whatever papers you hold. 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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