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CSA Appeals letter re Tax Returns (S/E)

Hi, hope someone can help with this latest development from CSA Appeals.

I was employed until Nov 03, got finished from work, and did bit of market research etc, and started up in business from end March 04. So no self-employed tax return for 2002/3, just my PAYE tax.

So, have 3 decisions under appeal at stage of awaiting Triunal hearing, this 4th decision under appeal is dated 29/1/04, and was originally in with Tribunal bundle for hearing, but CSA Appeals removed it from Tribunal hearing, as they corrected some elements, therefore appeal lapsed in our favour, but they still hadn't corrected my earnings. CSA Appeals said I hadn't sumitted HMRC tax return for 2004/5, of course I send in my evidence that I had, and this is what I have received??????

''I have become aware that the period of earnings for a S/E earner must terminate efore the effective date of the MA. The assessment period for normal weekly earnings of a s/e person is the period of taxale profits sumitted to HMRC, if period covered by the Tax Calculation Notice is at least 6 months, but no more than 15 months, and ENDS WITHIN THE 24 MONTHS IMMEDIATELY EFORE THE RELEVANT WEEK.
Paragraph 5(A) of the CS(MASC) Regs 1992 refers''

''The relevant week is 27/2/03-2/2/04 (this is a yr not week)

''As the period of earnings ends 5/4/05 this should not e used for your earnings, for the MA effective 29/1/04.''

Sooooooooooooooooooo, referred back to Tribunal - don't quite follow??

Any help appreciated
«1

Comments

  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Sorry, just to add, why then didn't they use my employed wage from 2002/3, which they have all the info, as I was DEO whist employed???? Or are they trying to stitch me up??? And why would CSA Appeals ask for my 2004/5 tax returns if these are not the correct documents they need for the assessment anyway? It just gets even more of a joke, total incompetence!!
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    bdt1 wrote: »
    Sorry, just to add, why then didn't they use my employed wage from 2002/3, which they have all the info, as I was DEO whist employed???? Or are they trying to stitch me up??? And why would CSA Appeals ask for my 2004/5 tax returns if these are not the correct documents they need for the assessment anyway? It just gets even more of a joke, total incompetence!!
    They done a similar thing with me and not used the proper years for a dividends calculation and spread them over 2 years .Got 2nd year wiped at complaints 1st lot off to tribunal after appeals sends ot paperwork tomorrow .Were you SE or limited ?
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    S/E, but part-time as after I got finished from work my wife (NRPP) got full-time job earning more money than I had been whilst in full-time employment, so I was left with little choice ut to do childcare and try to work part-time on s/e basis.

    This same bunch of assessments are a joke, they didn't include any children in the MA (there are 4 in our household), they included child enefit for 4 children as my assessale income, they included CSA monies to my wife (NRPP) from her ex for their 2 ds, as my assessale income, an insurance payout in my wife''s name only and her employers monthly reimbursement of her company expenses all as again, my assessale income. They of course also got housing costs totally wrong, even though I had informed them constantly of mortgage rises. HAVE sent evidence to support aove on many occasions, no-one will change it, as PWC has told them she will appeal anyway, as it stands due to incorrect assessments, and refusal to change there is now 34k arrears (JOKE), a LO, CCJ, and charge on house (NOT SO FUNNY), for a totally incorrect assessment from 2007 which was then backdated - ridiculous
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    bdt1 wrote: »
    S/E, but part-time as after I got finished from work my wife (NRPP) got full-time job earning more money than I had been whilst in full-time employment, so I was left with little choice ut to do childcare and try to work part-time on s/e basis.

    This same bunch of assessments are a joke, they didn't include any children in the MA (there are 4 in our household), they included child enefit for 4 children as my assessale income, they included CSA monies to my wife (NRPP) from her ex for their 2 ds, as my assessale income, an insurance payout in my wife''s name only and her employers monthly reimbursement of her company expenses all as again, my assessale income. They of course also got housing costs totally wrong, even though I had informed them constantly of mortgage rises. HAVE sent evidence to support aove on many occasions, no-one will change it, as PWC has told them she will appeal anyway, as it stands due to incorrect assessments, and refusal to change there is now 34k arrears (JOKE), a LO, CCJ, and charge on house (NOT SO FUNNY), for a totally incorrect assessment from 2007 which was then backdated - ridiculous

    I wasn't as bad as that 2 liabilty orders inhibition on the house now apparent that they acted wrongly .Why are they using your wifes income anyway ?
    What office you dealing with ?
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    PWC lost a Tribunal in 2005 on grounds of 'lifestyle inconsistent with declared earnings', we ended up lodging injunction as she was taking photos of car on drive which she submitted to CSA, nuisance letters, phonecalls etc etc (as it turned out the brand new flash car on our drive was not a purchase made by £50 notes bulging out of my s/e wallet, it was a fully expensed company car from my wife's employer, in her new highly paid full-time job).

    PWC 'plagued CSA, their words not mine' until Criminal Compliance involved. CC looked at bank accounts, deducted my wife's salary from the credits in the joint account, and took everything else as my assessable income. In truth it was child benefit for 4 children, CSA money to my wife from her 1st hubs for their 2 ds, an insurance payout in my wife's name, and her reimursement of monthly company expenses from her employer. They then lookede at my business account and took all credits as assessable income, of course this is not profitale income, they totally disregarded tax returns, accounts etc, again, in truth my van hire is 4k per year, ut did they even look at this type of expense (Or any in fact) NO. So, as said, assessment totally incorrect, then backdated, thus alleged arrears???????

    So, dare say Tribunal will try and establish the difference between fact and fiction, eg, what CSA made up I earn (it was family income), or what I actually earn, I seem to expect they will think of a numer double it, add some on, say I didn't declare another 200% of that figure then add a bit more and that is what I earn..In truth I'm scratching by just like most of us, and just to add, I do pay regular CS, just cannot afford the £800 p/m they want, in truth that is 100% of my profitable earnings p/m, and of coursethey thought I snet my wife to work full-time to avoid CS - not true, but just so cynical of it all now.

    Office is Bolton, just got a 2009 assessment and thing is same muppet who made original totally absurd assessment has done 2009 one, and yes you guessed it, it's totally incorrect again, so, a 5th appeal has just gone in - here's hoping
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    bdt1 wrote: »
    PWC lost a Tribunal in 2005 on grounds of 'lifestyle inconsistent with declared earnings', we ended up lodging injunction as she was taking photos of car on drive which she submitted to CSA, nuisance letters, phonecalls etc etc (as it turned out the brand new flash car on our drive was not a purchase made by £50 notes bulging out of my s/e wallet, it was a fully expensed company car from my wife's employer, in her new highly paid full-time job).

    PWC 'plagued CSA, their words not mine' until Criminal Compliance involved. CC looked at bank accounts, deducted my wife's salary from the credits in the joint account, and took everything else as my assessable income. In truth it was child benefit for 4 children, CSA money to my wife from her 1st hubs for their 2 ds, an insurance payout in my wife's name, and her reimursement of monthly company expenses from her employer. They then lookede at my business account and took all credits as assessable income, of course this is not profitale income, they totally disregarded tax returns, accounts etc, again, in truth my van hire is 4k per year, ut did they even look at this type of expense (Or any in fact) NO. So, as said, assessment totally incorrect, then backdated, thus alleged arrears???????

    So, dare say Tribunal will try and establish the difference between fact and fiction, eg, what CSA made up I earn (it was family income), or what I actually earn, I seem to expect they will think of a numer double it, add some on, say I didn't declare another 200% of that figure then add a bit more and that is what I earn..In truth I'm scratching by just like most of us, and just to add, I do pay regular CS, just cannot afford the £800 p/m they want, in truth that is 100% of my profitable earnings p/m, and of coursethey thought I snet my wife to work full-time to avoid CS - not true, but just so cynical of it all now.

    Office is Bolton, just got a 2009 assessment and thing is same muppet who made original totally absurd assessment has done 2009 one, and yes you guessed it, it's totally incorrect again, so, a 5th appeal has just gone in - here's hoping

    They can't honestly do that .Have you been to your MP about this .

    That is one of the reasons me and my wife have separate bank accounts because of the gestapo

    Is Bolton not outsourced to the muppet road show ? also i take it you will be a clerical case also
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Clerical case
    MP Labour, tried it total waste of time, all he said was if I'd paid more in CS in 1st place wouldn't be in this situation?? Did try telling him that I had always paid CS (was on DEO until lost job in 03). Think he was referring to brief period I was on nil assessment following job loss, prior to taking any profit as s/e!!!!! Again, after that have always paid, as said just not £800 p/m they state, based on total household income barr NRPP income, but I pay a fixed amount s/o each fortnight. PWC not happy of course, but there again, she has written to Tribunal Judge telling him to re-instate enforcement (sure he'll like that), but does she realise it was County Court Judge who told CSA to suspend all enforcement pending Tribunal outcome (at property charge hearing). How can they enforce a debt that hasn't been proven! (yet we know they do)She won't rest til she's tried to strip me and my wife of our home.
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    bdt1 wrote: »
    Clerical case
    MP Labour, tried it total waste of time, all he said was if I'd paid more in CS in 1st place wouldn't be in this situation?? Did try telling him that I had always paid CS (was on DEO until lost job in 03). Think he was referring to brief period I was on nil assessment following job loss, prior to taking any profit as s/e!!!!! Again, after that have always paid, as said just not £800 p/m they state, based on total household income barr NRPP income, but I pay a fixed amount s/o each fortnight. PWC not happy of course, but there again, she has written to Tribunal Judge telling him to re-instate enforcement (sure he'll like that), but does she realise it was County Court Judge who told CSA to suspend all enforcement pending Tribunal outcome (at property charge hearing). How can they enforce a debt that hasn't been proven! (yet we know they do)She won't rest til she's tried to strip me and my wife of our home.

    Sorry to say but she sounds like an evil cow

    They did get money from me when we moved house as they had an inhibition .So they took money from my wife it was either that or pull out of the sale and cause hardship on 2 families that had made their self homeless due to selling their property's etc .Now been proven 3 times that the inhibition was caused by a CSA balls up as i was already paying my normal mmaintenance + an amount for arrears .
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Just cannot believe that this has gone so far, even though we have sent bank statement copies, with all credits accounted for, we have obtained letter re insurance payout, statement of child benefit payments, statement of CSA payments made to my wife from her 1st hubs and also letter from wife's employer with statement showing all expenses reimbursed, what more do they need?? Except of course with a bitter PWC on case, I know we will be on trial for lifestyle inconsistent again - have already submitted to Tribunal mortgage statement, which shows we are in arrears, so are we flush like PWC thinks - errrrr NO!!
  • CSA_Help
    CSA_Help Posts: 1,318 Forumite
    bdt1 wrote: »
    Just cannot believe that this has gone so far, even though we have sent bank statement copies, with all credits accounted for, we have obtained letter re insurance payout, statement of child benefit payments, statement of CSA payments made to my wife from her 1st hubs and also letter from wife's employer with statement showing all expenses reimbursed, what more do they need?? Except of course with a bitter PWC on case, I know we will be on trial for lifestyle inconsistent again - have already submitted to Tribunal mortgage statement, which shows we are in arrears, so are we flush like PWC thinks - errrrr NO!!

    Ill sit in the front row with my knitting for the public beheading :rotfl:

    It's unreal that they take the word of a bitter paracite PWC as they need to look after her .What about the kids you have in your household i take it they don't count for nothing

    They are all nicey nicey to me now as they know i'm on to them apart from one patranising cow the other day but her card is marked with the extent of the letter she sent to me so this will be flagged up to my complaints officer tommorow .

    Basically telling me if i left my job etc and didn't tell them its a criminal offence and will be procecuted .This was me telling them to get my DEo sorted out as i was in the appeals process and they have still calculated it wrong .(o)holes

    We are all in the same boat but yours is serious and needs sorted can you no pay the £50 and deal with NACSA and maybe go to the opposition MP
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