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Tax Demand for 2007 / 2008 / 2011 received now

WLM21
Posts: 1,623 Forumite


in Cutting tax
My father sadly passed away last year. Everything was finalised and probate obtained by the solicitor.
Now, out of the blue I have received a tax demand, for years:
April 2007
April 2008
April 2011
I contacted the Inland Revenue for details as my father received no previous demands (He had Alzheimer's and I had Enduring Power of Attorney) Al they say, was they phoned me in July 2007. Surely if my father had owed over £3500, they would have contacted me again on a regular basis.
I am going to see my solicitor this week, but was looking for any general advice i9n the meantime.
Many thanks !
Now, out of the blue I have received a tax demand, for years:
April 2007
April 2008
April 2011
I contacted the Inland Revenue for details as my father received no previous demands (He had Alzheimer's and I had Enduring Power of Attorney) Al they say, was they phoned me in July 2007. Surely if my father had owed over £3500, they would have contacted me again on a regular basis.
I am going to see my solicitor this week, but was looking for any general advice i9n the meantime.
Many thanks !
0
Comments
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First, ask them for details of who called you in July 2007 - from what tax office, date, time, how they identified it was you they spoke to. This at least shows them they are not dealing with a pussssycat who is just going to roll over.
Next, if all they have sent is a demand, ask for calculations. Pay nothing you don't understand. You could get an accountant to check it out or post it up on here. They make loads of mistakes. Dealing with them ever week you get to expect blunders, the public in general have no idea just how bad it is.
After that you still have Esc A19 to have a go at. My guess is all the information they've used to produce this demand was available to HMRC in 2008 at the latest. The mere fact they've left this for 4 years tells you everything you need to know about them.Hideous Muddles from Right Charlies0 -
After that you still have Esc A19 to have a go at. My guess is all the information they've used to produce this demand was available to HMRC in 2008 at the latest. The mere fact they've left this for 4 years tells you everything you need to know about them.
If you're talking about information made available to HMRC after the end of the tax year in which the underpayment arose then thats got nothing to do with ESC A19. HMRC have four years to make use of info provided after the end of the tax year.
OP, when you say tax demand could you give us a little more info. With tax it's always in the detail. Are we talking about PAYE tax or Self Assessment. If its PAYE tax then I wouldn't expect HMRC to issue a P800 Tax Calculation for 2007 or 2008 underpayments as those years are out of date. HMRC are still notifying and refunding overpayments for those years.
Is there a form number on the document you've received? It's usually in the bottom left of the page.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
OP, when you say tax demand could you give us a little more info.
Is there a form number on the document you've received? It's usually in the bottom left of the page.
underpayment Tax £15
Class 1 NIC £310
interest to July 2012 £100
05/04/2008
underpayment Tax £210
Class 1 NIC £520
interest to July 2012 £120
05/04/2011underpayment Tax £740
Class 1 NIC £1400
interest to July 2012 £80
We had a carer via Direct Payments. As part of the arrangement we had a bookkeeper (recommended by the Council) to advise on paymets, including quarterly tax demands, for income tax / employee NI and employer NI. We always paid was was required.
Form, LHS
form IDMS4 (Local) v1.0
RHS
HMRC 08/090 -
05/04/2007
underpayment Tax £15
Class 1 NIC £310
interest to July 2012 £100
05/04/2008
underpayment Tax £210
Class 1 NIC £520
interest to July 2012 £120
05/04/2011underpayment Tax £740
Class 1 NIC £1400
interest to July 2012 £80
We had a carer via Direct Payments. As part of the arrangement we had a bookkeeper (recommended by the Council) to advise on paymets, including quarterly tax demands, for income tax / employee NI and employer NI. We always paid was was required.
Form, LHS
form IDMS4 (Local) v1.0
RHS
HMRC 08/09
You definitely need to speak to HMRC about this. Have I understood correctly that this 'underpayment' is not related to your fathers personal tax affairs but rather an 'employer' underpayment for the tax and NIC that was/should have been paid to HMRC on the carer's income.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
So with the EPA you had a fiduciary responsibility to pay any PAYE that was due. Presumably you have records of what you paid and copies of any P35s that you submitted.
Separately, did the Executor know that this liability existed before distributing the residue to the beneficiaries? Doubtless you told the Executor that your father regularly paid the carers, the book-keeper and PAYE so it would be an obvious item for the Executor to check up on before winding up the Estate.0
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