MSE News: Tax chaos Q&A: How to fight HMRC demands

Randvegeta

I'm not laughing at you. I'm laughing at HMRC and yet another !!!!-up!

LOL LOL LOL!!!!

This is a great big laugh to me.

I'm so glad I didn't pay any income taxe while I was living in the UK. If I had, who knows what they would have cocked up.

Conorew, sorry about your troubles. Perhaps they will be sympathetic if you call and talk to them about it?

slinkydonkey

Can someone help me please I have been sent a letter from HMRC asking for an amount I can't afford to just give them. Its for the tax year just gone i.e 2011 to 2012 this article says "'Extra Statutory Concession (ESC) A19', which states the Revenue must give up any tax if it has not followed its procedures correctly." does this clause still apply can I rufuse to pay it still? Please help Thanks in Advance

John_Pierpoint

No, in fact if you are on self assessment you still have until 31st January in which to "fess up" and not pay any penalties and interest.

You need to read the article much more carefully.

slinkydonkey

John_Pierpoint wrote: »

No, in fact if you are on self assessment you still have until 31st January in which to "fess up" and not pay any penalties and interest.

You need to read the article much more carefully.

Ok thanks I think yes when I have more time I will try to read it but im not an accountant so it did not make that much sense to me its a bit arrogant to assume it was straight forward to understand if I had of understood I would not have posted on here looking for advice...

John_Pierpoint

Time limits

The time limit which applies for ESC A19 is where HMRC have failed to use information received about a source of income, within 12 months after the end of the tax year in which the information is received.
For example: on 1 August 2007 HMRC received information about commencement of a new pension in tax year 2007-08 and the end of that tax year is 5 April 2008. HMRC should have either issued a tax code or sent a tax calculation for the above receipt of information before 5 April 2009, which is 12 months after the last day of the tax year 2007-08.
The same time limits apply for any over-repayment of tax that is made in error and HMRC asks for the tax to be paid back.
If no information has been received then ESC A19 cannot be considered.


http://www.hmrc.gov.uk/esc/esc.htm#2

Want share with us how you came to under pay the income tax 9 - 21 months ago ?

faineant

This is the HMRC explanation which includes:

The circumstances are that HMRC should have used the information provided within 12 months after the end of the tax year in which it is received to notify the taxpayer of any arrears.

On that basis I think HMRC is still well within the time it has to claim any tax due for 2011-12.

slinkydonkey

John_Pierpoint wrote: »

Time limits

The time limit which applies for ESC A19 is where HMRC have failed to use information received about a source of income, within 12 months after the end of the tax year in which the information is received.
For example: on 1 August 2007 HMRC received information about commencement of a new pension in tax year 2007-08 and the end of that tax year is 5 April 2008. HMRC should have either issued a tax code or sent a tax calculation for the above receipt of information before 5 April 2009, which is 12 months after the last day of the tax year 2007-08.
The same time limits apply for any over-repayment of tax that is made in error and HMRC asks for the tax to be paid back.
If no information has been received then ESC A19 cannot be considered.


http://www.hmrc.gov.uk/esc/esc.htm#2

Want share with us how you came to under pay the income tax 9 - 21 months ago ?

Thanks ill take a look sounds like you get getting off on this so ill leave you to it.

jimmo

slinkydonkey wrote: »

Thanks ill take a look sounds like you get getting off on this so ill leave you to it.

Get a grip. Do you want help or not?

John_ Piermont is not a tax professional but has made the effort to learn a lot about tax matters and is trying to help you.

It can seem that tax professionals speak a different form of English to everyone else but you have choices.

Sit back and believe that HMRC have stitched you up and there is nothing you can do about it.

Pay a professional to sort it out for you.

Seek help on a forum. Be patient, hope to learn what is going on and how to deal with it.

In very simple terms ESC A19 will not help you to defeat a tax demand now for 2011/12 because HMRC are within the time limits.

There may be other circumstances which could enable you to drag 2011/12 into ESC A19 but, quite frankly, you will not discover the possibilities by insulting people who are trying to help you.

slinkydonkey

jimmo wrote: »

Get a grip. Do you want help or not?

John_ Piermont is not a tax professional but has made the effort to learn a lot about tax matters and is trying to help you.

It can seem that tax professionals speak a different form of English to everyone else but you have choices.

Sit back and believe that HMRC have stitched you up and there is nothing you can do about it.

Pay a professional to sort it out for you.

Seek help on a forum. Be patient, hope to learn what is going on and how to deal with it.

In very simple terms ESC A19 will not help you to defeat a tax demand now for 2011/12 because HMRC are within the time limits.

There may be other circumstances which could enable you to drag 2011/12 into ESC A19 but, quite frankly, you will not discover the possibilities by insulting people who are trying to help you.

Thanks for your input I have asked my old accountant for advice and go the answer I needed. "John_ Piermont is not a tax professional" and I can see why...

jem16

slinkydonkey wrote: »

Thanks for your input I have asked my old accountant for advice and go the answer I needed.

Of course you did and we all believe you.......;)