P800 is there any point in using a ESC A19 claim?

argyle1

Overthe week end I received a letter from the HMRC informing me I had underpaid £1372 pounds in tax for the period 2007-2009. The A19 concession relates to "timely use of information". When I spoke to an operative I was told this concession only applies if I had contacted the revenue at the time. (when I had no reason to believe there was a problem as all my tax is PAYE). Quote from the operative was "I could appeal but if there was nothing on my file to this effect I was wasting my time. " I would be grateful for other peoples experiences. There are a number of template letters available is it worth appealing?

Grandad_Phil

I sent an ESC A19 claim to the HMRC 2 months ago after recieving a letter from them stating I had underpaid Income Tax of £2,360. I have a salary which is taxed under PAYE. I have a military pension which is also taxed at source. The Tax Office now say that I underpaid tax during 08-09 & 09-10. I will also have to pay an underpayment for 10-11 at the end of this financial year. My tax code has changed numerous times in the last 2 months after lots of phone calls from me.

I have yet to receive a reply to my ESC A19 letter claiming there was no fault by me as the tax office was informed of all my incoming finances, either by my emplyer or my pension agency.

Today I received another letter telling me I now also owe from 07-08 and the total is now £3,052. Still no reply to my letter.

I phoned the tax office last week and a person told me she would not allow my claim. I asked for it to be reviewed by someone else and she told me I would receive another phone call and the decision would be made then. I have received no calls. I cannot believe I am being treated in this way. I have an appointment with my MP this Friday to see if he can help.

Nosht

argyle1 wrote: »

Overthe week end I received a letter from the HMRC informing me I had underpaid £1372 pounds in tax for the period 2007-2009. The A19 concession relates to "timely use of information". When I spoke to an operative I was told this concession only applies if I had contacted the revenue at the time. (when I had no reason to believe there was a problem as all my tax is PAYE). Quote from the operative was "I could appeal but if there was nothing on my file to this effect I was wasting my time. " I would be grateful for other peoples experiences. There are a number of template letters available is it worth appealing?

It is always worth appealing despite what the person at the other end has stated.

Regards,

N.


P.S. & do it in writing.

Pennywise

argyle1 wrote: »

When I spoke to an operative I was told this concession only applies if I had contacted the revenue at the time.

They were wrong. There is no obligation for *you* to tell HMRC of a change for the ESC to apply. It will apply whoever told HMRC, i.e. your employer by sending a P45/6 when you started or P35 after the year end, or in the case of state benefits, by the relevant body telling HMRC that a new state benefit has started to be paid. If all other conditions are met, it doesn't matter who told HMRC - it's the fact they someone told them that would mean ESC should be granted. As others have said, write in to make the claim, don't bother with the call centre - if you don't get a reply, then make a formal complaint.

chrismac1

For 2007-2008 you should normally be OK providing you did everything correctly, such as telling your employers the right info. This is because on 19 May 2008 HMRC will have received the end of year files from employers, so from that date onwards were in a position to correctly assess your tax. The 19 may 08 is in the 08-09 tax year which ended on 5 April 09. HMRC then have 12 months to notify you of the problem, so unless they did this by 5 April 2010 they should in the end - after waiting 12 weeks to be bothered to open your letter and so on - allow you the A19 concession.

By the same logic, for 08-09 they are still in time so no joy I am afraid.

Pennywise

chrismac1 wrote: »

By the same logic, for 08-09 they are still in time so no joy I am afraid.

Unless the new source of income giving rise to the underpayment arose in 07/08 or earlier, in which case, ESC should apply because they've failed to act on the info for multiple tax years.

But, yes, if the new source of income happened in 08/9 then the ESC won't apply as HMRC are within time limits for 08/09 and 09/10.

janthemum

I appealed 4 times. The first 3 got refusals. Then I listed the help of the charity Tax Aid and the fourth appeal was accepted for the ESC A19. Result So be persistent, I knew I had told them all the correct details so kept at it albeit it was sressful to do it all.

roddydogs

Can anyone answer this..........is a pension provider, weather private or state paid (civil service or basic state pension provider) legally required to provide HMSO with the amount you are getting, or is it just up to you to provide this?

Nosht

Yes.


N.