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Special Circumstances for HMRC Tax Refund?

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Hi All,

I've recently discovered that I've been assigned the wrong tax code for the past 9 years and have been overpaying.

I queried this with HMRC and they've refunded me for the past 4 years only.

I read somewhere on this forum that under "special circumstances" HMRC will refund further back than just 4 years.

Does anyone know what type of circumstances would cause the HMRC to consider processing a claim for more than 4 years of overpayments?

Thanks,

borderbyron

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,312 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I suspect you'd have to establish that they had the right information and failed to act on it: do you think you'd be able to do that?
    Signature removed for peace of mind
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Who assigned the wrong tax code? Was it HMRC who supplied an incorrect one to your employer (and presumably also to you), or did they provide the correct code but your employer messed up and applied a different one to your pay?
  • agrinnall wrote: »
    Who assigned the wrong tax code? Was it HMRC who supplied an incorrect one to your employer (and presumably also to you), or did they provide the correct code but your employer messed up and applied a different one to your pay?

    Thank you for your reply. I have queried my situation with my payroll department, and with HMRC. My employer have informed me that they have not submitted a p11d for the years stated relating to a benefit in kind.
    I have also sent a letter to HMRC and awaiting their reply (I spoke to HMRC on the 16th march and received a refund on monday dating back to 2008 but now I have asked them to look back to 2004)
  • Savvy_Sue wrote: »
    I suspect you'd have to establish that they had the right information and failed to act on it: do you think you'd be able to do that?

    Thank you for your reply...im looking into it at the moment but its difficult to know and prove who is at fault....but I shall carry on.
  • Thank you for your reply...im looking into it at the moment but its difficult to know and prove who is at fault....but I shall carry on.

    You may be interested in this
    http://www.hmrc.gov.uk/about/deadlines-taxpayers.htm
  • jimmo
    jimmo Posts: 2,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think Savvy_Sue may be referring to Extra Statutory Concession B 41.

    Despite having been a taxman for 30+ years I have to say that I found the following link more informative than anything I could find on the HMRC website.

    http://www.litrg.org.uk/low-income-workers/employed/overpaid-tax/index

    Even then I really think you will struggle.

    For any out of date years ( all those that HMRC has not repaid) you will first need to provide evidence of your earnings, tax deducted and code number operated. If you have your P60s for all years that’s the easy bit. If not, think about where you expect to get the evidence.

    On top of that you will also have to provide evidence of what went wrong and why. For example, if your code number was wrong, why was it wrong and whose fault was it?

    Standard HMRC procedures have for years been that if individuals don’t comply with their obligations they will be put on a “penal coding”. The idea being that forcing someone to pay more tax than normal will encourage them to get their house in order.

    In your situation HMRC have nothing to prove, the onus is all on you and I seriously doubt that you can achieve a result without quality, professional help. Either you pay for that or persuade a charitable organisation to help you and even the organisation I have linked to doesn’t really give you much hope.

    I suggest you cut your losses, learn to keep an eye on your tax affairs and move on.
  • Thanks for your informative reply Jimmo.

    I have worked for the same company for 25 years and have my P60s covering the time in question. My basic tax code had been reduced relating to a benefit in kind, however my employer have confirmed that I was not in receipt of this, nor had they submitted a P11D to HMRC.
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