I got an email today from accounting web with an article
'HMRC has warned tax agents that it is unacceptable to advertise their services by using the HMRC logo or stating that they are registered or authorised by the department.'
I have put'As a registered agent with HMRC I can act on your behalf regarding tax matters so you will never have to deal with them again' on all my advertising (which I've only just done!!)
Do you think it's ok to carry on using the advertising until it's all ran out then make the amendments? this is a real pain
I think they object to the use of the words "authorised" or "registered" in the sense that HMRC has some kind of regulatory role, like the FCA or the PRA, and to that extent, I feel that your advertising is not inappropriate: it is a statement of true fact. You are claiming to be able to deal with HMRC on behalf of clients, not that you have been approved, accredited or endorsed by them. However, HMRC's objection might be that, because all agents need to be registered, to refer to your registration in this way is the same as a taxi driver who claims that, because he has a driving licence, he is approved by the Department for Transport.
I would use your advertising up if there isn't too much of it. Good luck to them if they want to try to persuade the Court you are misleading customers with your statement. You haven't used the logo and names are not normally subject to copyright protection - otherwise no-one would ever be able to mention them. You certainly aren't attempting to pass yourself off as the Collector if Taxes, are you? But check it out with them before ordering any more.
But, I also think that things have recently changed.
When I set up my website HMRC made it easy to grab their image to create a link to the HMRC site (so easy that even I could do it).
Now reading this page (www.hmrc.gov.uk/terms/) it seems that one must ask permission from Ken Brown, Communications and Marketing, on 020 7438 7310 in order to use the logo so as it was never an integral part of anything but rather just a handy link for clients to their home page I'll remove that in the morning.
On the whole how one uses the button, personally I'm an agent but I don't actually mention that as it was always my assumption that clients see all of us as having magical links to HMRC so I always sort of considered it a little redundant.
However, if others are advertising it then maybe we all should otherwise clients may get confused and think that maybe they are missing out on something.
It also strikes me that the tightening up on the use of the logo may be part of the move towards the privatisation of HMRC.
kind regards,
Shaun.
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
