ESC A19 Claim

Mikeyorks

AntonyScott wrote: »

I’m reluctant to do anything at the moment as I believe I have a strong case and will go all the way to the adjudicator if necessary. Should they be chasing payment in the midst of a formal complaint?

Why should they stop chasing? They've already told you ESC A19 does not apply on at least 2 occasions. Turning the last rejection into a formal complaint changes nothing.

You need to apply some judgement. I can't ..... because you've really given little information. If you think you will win - that's fine (see below). But if you're not careful they will send you SA Returns to complete for the years of the underpayments .... as they've given you adequate time to pay voluntarily. At that point you'll be liable for penalties if you don't complete them ...... and interest will be charged on the tax outstanding.

Even though we did not use the information that we received from you or a third party properly or on time, we cannot accept that you thought that your tax records were correct. This is because the tax you owe was large enough for you to notice.

My complaint will be along the lines of:

HOW could I possibly know how much tax was owed when you never calculated until January 2010?

If the above is your 'strong case' .... I think you will fail. You're not even understanding that they're pointing out you were paying no tax on what appears to be fairly significant benefits. Therefore your stated belief that your affairs were in order .... is not accepted. And the more you point out they didn't act on your telling them ...... the more it becomes clear you knew you were underpaying?

Pennywise

Mikeyorks wrote: »

Why should they stop chasing?

Because HMRC themselves give the opportunity on their website:-

http://www.hmrc.gov.uk/complaints-appeals/how-to-appeal/direct-tax.htm#3

"If you have sent an appeal to HMRC you can apply to postpone paying the amount of tax you think you are being overcharged as a result of the decision."

AntonyScott

Update:


My case is now with the adjudicator. Amazing how quickly HMRC respond asking for repayment of tax after the final rejection letter!!!


Question, as my case is now with the Adjudicator do I have grounds to resist their request for payment until the adjudicator has reviewed my complaint.


Thanks

adrianhere

Like many others on here I made an appeal under ESC a19 after receiving a tax demand for underpaid tax in 2008/9 and 2009/10.

I wrote twice to the HMRC and the letters must have gone to to different officers as I received two replies, one rejecting my claim because "we cannot find any trace of any information you sent to us" the second rejecting my claim saying "we had information from you and failed to act on it but you should have known you were not paying the right amount". These were received within a day of each other

Need any more proof that HMRC lie to us?

One question if anyone knows, I wish to complain but they also said that if I dont pay within 2 weeks they will put me on self assessment. Can they do that? How do I avoid it so that I can make a realistic complaint without the money already being in their hands?