Notify HMRC of overclaimed CJRS “Furlough” Grants within 90 days

Notify HMRC of overclaimed CJRS “Furlough” Grants within 90 days

The calculation of Coronavirus Job Retention Scheme grants has proven to be complex, particularly as HMRC frequently changed the rules and the method of computation. Consequently, many errors have arisen and need to be corrected. The latest Finance Act requires employers to notify HMRC within 90 days where it turns out that they were not entitled to receive the furlough grants and there is a penalty for failure to notify them.

HMRC has said that it will be lenient in relation to genuine mistakes, and that penalties will be charged only in cases of deliberate non-compliance.

Numerous fraudulent CJRS Claims identified

HMRC’s CJRS fraud reporting portal had received over 2,000 reports of wrongful claims.

Examples of such wrongful claims include:

  • Claiming furlough payments for staff who are continuing to work;
  • Furloughing staff but asking them to work “voluntarily” on an unpaid basis;
  • Claiming furlough payments for “ghost” employees, and those who left employment before 19 March 2020;
  • Not passing on the full amount of furlough pay to staff;
  • Failing to account for PAYE tax and NIC in relation to furlough payments.

HMRC also have the power to transfer CJRS penalties to the directors of an insolvent company if their company does not pay them.We therefore suggest that employers should check the accuracy and validity of their CRJS claims as a matter of priority, and ensure that any inaccuracies or errors are disclosed to HMRC as quickly as possible. We can of course assist you in checking claims.

If you would like more information or would like to discuss your tax affairs in more detail please contact our Tax Partners Steve Crompton or Lucy Williams on the details below:

 

Steve Crompton

Partner – Head of Tax

direct dial: 01942 292541

mobile: 07790 840394

email: steve.crompton@jsllp.co.uk

 

Lucy Williams

Tax Partner

direct dial: 01942 292543

mobile: 07807 053494

email: lucy.williams@jsllp.co.uk


 

 

 

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