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

GARDINER

To pennypinchingmum - I completely agree with you about the forums on this website. I worked for HMRC for 34 years and joined this website about 2 years ago to help people with taxation via the forums. After suffering numerous backbiting comments I decided to have nothing more to do with the forums until recently. In my opinion there are some 'contributors' that have, what can only be described as, a deplorable attitude seeking only to anger and annoy people looking for help. No-one is really interested in their opinions about the rights and wrongs of unpaid tax and if these contributors are genuinely concerned about everyone paying their full dues they should be lobbying their MP in an attempt to prevent experienced compliance officers from being 'let go' at huge cost to the taxpayer. There is sufficient black economy work to keep all HMRC staff fully employed. (Has anyone investigated the sellers on EBay?) ESC A19 exists because officials do make errors and so you are entitled to ask HMRC to consider your case. Good luck keep at them and ask for a fully reasoned explanation if they refuse official error. I would also make a request for subject access under the Data Protection Act then you will be able to see exactly what information they had and when it was received and whether it was used correctly and on time. Its free or at least it used to be.

GARDINER

Anyone affected should read the PAYE Manual on the HMRC site - click on Library on left hand side then Manuals - Manuals a-z then scroll down and click PAYE Manual and the relevant guidance for staff is at PAYE95000 (Revenue delay)This information should help you formulate your letter to accord with what HMRC are looking for when considering whether to waive the tax. If the underpayment of tax is the fault of your employer the procedures are different and it may be that the employer will have to pay PAYE95011 refers. Worth enquiring whether the employer is at fault especially where a wrong code has been used as it may well be that the employer has 'overlooked' the new code number issued and/or used incorrect previous pay and tax details. Make sure HMRC do it correctly -refer them to their own guidance. PAYE Directions can be challenged at a Tribunal.

Mahmood_Reza

What is common knowledge to some is not necessarily common knowledge for others, in my opinion it seems unfair to use the tag "morally objectionable" when one doesn't have all the facts.

dori2o

GARDINER wrote: »

Its free or at least it used to be.

It still is

Requesting information we hold about you

HMRC is a very large organisation, and carries out a wide range of different functions. Therefore, to help locate the information you want and deal with your request more quickly, you should make your DPA request to the HMRC office that you have been dealing with. You should address your request to the 'Data Protection Officer', and you must include enough details to enable us to verify your identity and locate the relevant information. For example, you should tell us:

• your date of birth
• previous or other name(s) you have used
• your previous addresses in the past five years
• personal reference number(s) that we may have given you, for example your National Insurance number, your tax reference number or your VAT registration number
• what type of information you want to know.

To make sure we are providing information to the right person, we will check the details that you provide to us against your National Insurance number.
If you do not have a National Insurance number, you must send a copy of the back page of your passport or a copy of your driving license together with a copy of a recent utility bill.
The DPA requires that we comply with a request for information promptly and in any event within 40 days of receipt. HMRC will always try to provide a response within this timescale.
We will not charge you for dealing with a DPA request.

http://www.hmrc.gov.uk/leaflets/dp-fs1.htm

System

Burgerbuns wrote: »

I was wondering which address these letters will be sent to?

I moved house a couple of months ago and notified my work's payroll of my new address. I was wondering which address they would send the letter to, if I'm due one.

Does my payroll notify HMRC of my new address or should I?

Not sure if my mail is being forwarded on my the new owners of my old place. They're not the most reliable people (yes, I know I can use the Post Office forwarding service).

Many thanks!

It's up to you to notify all relevant organisations when you move house so it's unlikely that HMRC will have your new address.

dori2o

Pam17 wrote: »

It's up to you to notify all relevant organisations when you move house so it's unlikely that HMRC will have your new address.

It really, really amazes me how many people don't think they have to inform HMRC when they change any of their personal details.

Contrary to personal belief we don't all have crystal balls that tell us when things need changing.

When you move house do you tell the Gas/Electric company and your bank that you have moved? Then why not call and tell the tax office?

GARDINER

dori2o this tag is not about advising HMRC about a change of address. It is about incompetence. A change of address does not alter the tax liability. Even if one did advise a Government Department about a change of address, in my experience it may not be actioned anyway. The incoming post is sorted betwen simple administration e.g change of address, change of employer, marriage (which makes no difference) birth of a child (which makes no difference unless you claim tax credits and actually write to the correct office) and other letters that are in effect asking for a refund or complaining. When targets have to be met the simple admin is 'disposed of' and thousands of letters are deemed dealt with.
I assume you work for HMRC - 'we don't all have crystal balls' - and likely do not have many years service, otherwise you would not be so keen to defend the Department - which in my opinion is not fit for purpose.

dori2o

GARDINER wrote: »

dori2o this tag is not about advising HMRC about a change of address. It is about incompetence. A change of address does not alter the tax liability.
No it does not alter the liability, but, if the correct address is not on the record, and a change of tax code is issued, how does the individual know that the tax code is correct if they cannot see how it has been calculated? An address change may not directly affect the tax liability of any one individual, but can be, and is, a cause of why incorrect tax codes go unnoticed by individuals.
Even if one did advise a Government Department about a change of address, in my experience it may not be actioned anyway. The incoming post is sorted betwen simple administration e.g change of address, change of employer, marriage (which makes no difference) birth of a child (which makes no difference unless you claim tax credits and actually write to the correct office) and other letters that are in effect asking for a refund or complaining. When targets have to be met the simple admin is 'disposed of' and thousands of letters are deemed dealt with.
Why would anyone want to write with a change of address, the easiest way to do it is via the telephone, and also by using the HMRC website.
I assume you work for HMRC - 'we don't all have crystal balls' - and likely do not have many years service, otherwise you would not be so keen to defend the Department - which in my opinion is not fit for purpose.

Yes I work for HMRC, but I'm not defending the department. I know more than most on here how frustrating and unworkable the processes are within HMRC, but there's not a lot I or any of my colleagues can do to change them. The higher management, many of whom have no idea about how the tax system works and have been brought in from outside industries (mainly banking/financial), seem to think they know best. However, that does not excuse the fact that some people seem to think that because their employer deducts tax from their salary on HMRC's behalf, that they have no responsibility at all when it comes to simple things such as checking their tax codes, or changing their address etc, yet are the first to complain when the proverbial hits the fan. As for how long my service is, well is spans back way before contact centres. I can still remember the good old days of allocations.

GARDINER

dori2o I sympathize with each and every one of HMRC's employees - I know the heirachy haven't got a clue and change things that are not broken - but, and its a big but - the general public do not have a clue when it comes to taxation they are TOO BUSY WORKING TO INVESTIGATE the intracasies of the PAYE system. Do you, for example, take an active interest in personal health matters taking full responsibility to eat correctly, exercise sufficiently and avoid stress. There is no difference; it takes time and effort that most people do not have the luxury of - having the spare time to become taxation experts. HMRC staff have, after all, been given extensive training.

dori2o

It's not about becoming an expert, it is about taking responsibility for those processes that are your own responsibility.

Ensuring that your correct details are held by HMRC is something ONLY YOU can do, not only to ensure that HMRC can issue as closely as possible the correct tax codes etc to your employers/pension providers, but also to reduce the possibility identity fraud,especially in the case of updating addresses.

If YOU do not update YOUR address when you move house, then HMRC will issue any and all correspondence to the address on your record, which is likely to be incorrect.

It is amazing that even with only your name, an address, your national insurance number, your employers/pension providers name, all of which is provided on a Notice of Coding what other information you can pick up from other places, and what that information can be used to obtain.

As I've said before, your employer/pension provider may collect the tax from your income on HMRC's behalf, but it is YOUR responsibility to ensure YOU are paying the correct amount of tax.