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Tax credits tribunal and entitlement for self employed

Hi, when me and my partner were not together I received child tax and working tax credits.. When my partner moved in we stopped receiving any tax credits as our incomes were just over the threshold. I got a letter from HMRC reviewing my tax credits from the period that I claimed them and it out going into too much detail was told I owe them £4200!!!! I appealed the decision and have today received a letter to say that 'the office that made the decision I am appealing against has suggested that the tribunal should not hear my appeal as it is said that my appeal has no reasonable prospect of succeeding' they go on to say that I should let them have my comments to this question in writing in 14 days otherwise they'll bring my appeal to an end... I can't get hold of the citizens advice lady that helped me with the appeals form and I'm going on holiday in 2 days so wondered if anyone could shed any light to what they might mean by comments on this question???? What should I do?


Also when we received my other halfs (whose self employed) income from the accountant in April and me having being on mat leave for over a year we felt we would be entitled to some tax credits as I have always been told it goes on the previous years income.. However when I contacted HMRC I was very firm on asking whether you are entitled to tax credits from your previous years income (which is what they've always told me in the past) or whether it was just a guide and if we got our entitled tax credits then got my partners accounts back next year to find out we are just over the threshold if we would received a massive bill (as previously), they said because he was self employed that if we thought his income was going to vary from figures given we should ring them monthly with a new estimate income for the end if the current tax year??? I stated that because I am now back from mat leave that our income would probably be just over the threshold this year but that I thought tax credits were based on the previous years income.. I was told this was not correct and in actual fact I should have been claiming for the previous year when I was on mat leave (even though I was too the previous year that our incomes were too much the previous tax year to claim anything???).. So my other question... They seem to be able to claim money back off me from 3 years ago, am I entitled to claim money back off them for the year I was on mat leave and should actually have been entitled???


I'm thinking if it equals its self out I'd be very pleased but something's telling me HMRC can pretty much do what they want and even though they've got money I was entitled too I'm still going to have to some how make a payment plan that I can't afford to pay back £4200???

If anyone could shed light I'd be grateful.. Sorry for the long thread!!!

Comments

  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    Sounds like they are trying to get you to withdraw the appeal.

    If your appeal was made on time, then they must send it to the Tribunal. You need to just reply to them and say that you wish the appeal to continue to Tribunal

    I suggest you contact a tax charity asap such as LITRG or TaxAID.

    IQ
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