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When things go wrong

Getting independent advice

When a second opinion is worth having, who can give one, what to give them and what to ask. A short guide to getting advice that is not from the adviser whose work is in question.

2 minute read

General information only. Take professional advice before you contact a tax authority, withhold a fee or end a contract.

Every page in this section ends with the same advice: take professional advice first. This page says what that means in practice. Independent advice is advice from someone who is not the adviser whose work, fee or contract is in question, and who can see your actual documents.

When to get one

A second opinion earns its cost at a few moments. Before you sign a letter that renews by itself, limits the adviser's liability or attaches a fee to future claims. Before you file a claim that is large for your business, or that includes work your own technical people are unsure about. When a letter from the tax authority arrives. When a fee dispute starts. And before anyone corrects a past claim or contacts the tax authority about one.

Who can give it

Different questions need different people. A lawyer in your country can advise on the contract: what the clauses mean, what notice requires, what can be recovered. Your accountant can advise on the tax position and on dealing with the tax authority. A second R&D adviser can look at the technical case and the figures, and tell you whether the claim as filed is one they would defend; ask them the same twenty questions you would ask anyone, and be clear that you are asking for a review, not a new claim. This site does not recommend any adviser, and the country pages explain how to check credentials where a register exists.

What to give them

The engagement letter and any terms it refers to. The claim as filed, with the calculations and the technical descriptions. Any correspondence with the tax authority. Your correspondence with the adviser about the matter in question. A one-page note of what happened, in order, with dates. The better the file, the shorter and cheaper the advice.

What to ask them

Ask for their view in writing. Ask what they would do first, and what they would not do. Ask what the risks are of each option, including doing nothing for now. Ask what it would cost to take the matter further and whether that is proportionate. And ask whether anything in the file needs to be acted on by a date, because time limits run whether or not you have decided what to do.

KnowYourFees.org is published by Swanson Reed, an R&D tax advisory firm that competes with other advisers. This site does not recommend any adviser, including Swanson Reed.

© 2026 Swanson Reed. You may use the templates and checklists for your own business. Official material is used under the terms set by its publisher.