DMBM656340 - Enforcement action: distraint: costs and accounting: accounting for costs and LOMR / MIS

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Types of distraint costs

Distraint costs are classified as chargeable or non chargeable.

Chargeable costs - to be recorded on SAFE

Only chargeable costs are recorded on SAFE.

These are costs HMRC charges the debtor for

  • levy
  • possession.

They are called chargeable costs because they can be recovered from the debtor, if necessary through enforcement proceedings.

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Recording chargeable costs on SAFE

To create a distraint cost charge on SAFE

  • follow the link http://intranet.active.hmrci/finance/guidance/safe/work_inst/tr_tm_050_hm.htm 

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Non chargeable costs - NOT to be recorded on SAFE

Non chargeable costs can be

  • costs charged to HMRC by the bailiff or auctioneer for
  • attendance fees
  • setting up fees
  • costs charged to the debtor by the auctioneer for
  • appraisal
  • removal
  • storage
  • sale
  • advertising.

Although non chargeable costs are not recorded on SAFE, you must keep a record of them. This is because Finance needs to know the amount that HMRC has paid for costs which it cannot charge the debtor.

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Keeping a record of non chargeable costs

  • Keep a manual or electronic record on non chargeable costs.

Guidance on reporting them will be issued before each Interim Balance.

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Additional record keeping - LOMR / MIS

There is still a requirement to record and keep information for LOMR and MIS.

So long as you keep the information, any form of recording is acceptable.