Tax Rebate....UPDATE

hannah9000

I've recently received a tax rebate from 2007/08, I knew I would get a substantial amount as I was on emergency tax throughout most of last year. I went BR on 19th December and have recently sent back a form with regards to getting an early discharge.
As the excess tax was built up last year (before 19th December), am I entitled to this rebate? Can I ask for it from my OR, it would be incredibly helpful at the moment as I am out of work due to ill health. Is it worth ringing and asking or would I just end up making a fool out of myself?

UPDATE: Just called my OR office, and because the repayment covers the year 2007/08, I AM entitled to the money because I only went BR in December and the overpayment occured during 2007-08. I have just emailed the office with my request in writing (as requested by the chap I spoke to) and now I play the waiting game...so, if you get a rebate through and you only went BR 6-7 months ago, ring the office and get that money back!!!

boltonangel

You have to notify the OR of the rebate, you will have signed a document confirming that you would notify them of any changes.

I only went BR last month, but am due a rebate and my OR said that if it went straight to them (which it sometimes does as HMRC are notified of your BR) then I had a slim chance of getting it back as it goes in my BR pot.

If the cheque comes to me then i am to ring them and they will build a case for me to keep it - i am on a low income now and need to replace older DS's bed and baby DS's cot!!

Basically, I would ring them, explain that you are out of work, why and how long you expect this to last and explain that you need the money for living epenses (but only do this if you genuinly do, because they will want examples of what you need it for)

I suppose it depends how much the rebate is and how 'kind' your OR is feeling......

My rebate is only going to be around £200-250 but that's a lot to me atm!!

hannah9000

Updated, thought it would be helpful/interesting to some

Pammybun

Well.....don't count your chickens is all I would say. My OH was entitled to a tax rebate and the tax office advised him that he would get it back.

We never heard anything from them and when we chased them up we got told on three spearate occasions that it was being sent to him. On the fourth occasion we were advised it had gone to the accountant in bankruptcy. The tax office have a note of bankruptcies.

We pled our case and this is a grey area. Any money you get during your bankruptcy should go to paying off your creditors and our Trustees took this stance. However on googling it at the time some trustees feel that tax rebates should be an exception and, as such, act accordingly.

I hope you get your money but please do not get your hopes up.

Pam

fiveyearplan

I do hope you get to keep it however the information you were given was wrong. If the rebate applies to any period before your BR then it would go to the OR. I'm sure things slip through and you've done your best to make enquiries so if you do get the rebate - ENJOY! Just don't believe it until it arrives on the doorstep.

josephine1_2

My tax rebate cheque came to me and our OR is lovely but said we had to send it to them. It relates to pre BR so you have to hand it over, it seemed pretty black and white to me and made sense. Sorry to be the damp squib

debt_doctor

Hi,

Good luck and fingers crossed but your OR / examiner has made an error. Perhaps s/he has made a confusion with backdated benefits which are an exempt asset.

..............


31.5.71 Tax refunds - bankruptcy
All bankrupts should be asked to sign form TNIDIS which gives authority for HM Revenue and Customs to release information about the bankrupt's tax affairs to the official receiver and authorises payment of tax refunds to the official receiver/trustee in respect of any year up to and including the tax year in which the bankruptcy order was made.
HM Revenue and Customs receives electronic notification of all bankruptcy orders that are made. This will cause the local tax office dealing with the bankrupt taxpayer’s affairs not only to become aware of the bankruptcy proceedings but also, where appropriate, to identify for payment to the official receiver, or trustee, any refund of tax. When a refund of income tax becomes payable, it will be offered by HM Revenue and Customs (the local office) to the official receiver or trustee automatically. To receive the refund the official receiver must respond to the offer in writing to the address given in the HM Revenue and Customs letter offering the refund and request the payment of the tax refund. At that time a copy of the completed form TNIDIS should be submitted in support of the claim. If a cheque in respect of a tax refund has already been sent to the bankrupt but not yet cashed HM Revenue and Customs should be asked to stop payment of that cheque and issue another made payable to the official receiver.

Sorry.

DD

hannah9000

Thanks for the replies. I'm going to remain optimistic on this one, as my OR wasn't fumbling when I spoke to him, he seemed pretty certain about what he was saying. The cheque has gone straight to them as stated in my letter from HMRC, I'll see what happens in the next couple of weeks.
I had a form a few weeks back (for up-to-date SOA) re early discharge, is there any chance i'm due to be discharged and therefore allowed the money?

JCS1

hannah9000 wrote: »

Thanks for the replies. I'm going to remain optimistic on this one, as my OR wasn't fumbling when I spoke to him, he seemed pretty certain about what he was saying. The cheque has gone straight to them as stated in my letter from HMRC, I'll see what happens in the next couple of weeks.
I had a form a few weeks back (for up-to-date SOA) re early discharge, is there any chance i'm due to be discharged and therefore allowed the money?

Please check with the Assistant Official Receiver assigned to your case rather than the examiner to get the correct information, my understanding is that all tax refunds go to the OR, as stated in the TNIDIS form that you signed.

ED has no bearing on tax refunds.

Merry_Gentry

Excellent news - hope you get the written confirmation you are waiting on! :beer:

julzdyer

what would the situation be if a rebate has been received for 08/09 and the bankrupt date is august/september this year?

the rebate was going to be used to clear some costs, but is this advisable?

can the OR come after this money after it has been spent?