Issue with 10/11 and 11/12 tax

Ms_Brush

Not directly at this stage.

neither the accountant of my dad received anything apart from a bill around a year later, which wasn't a clear link to either the 10/11 tax year or an underpayment for that year. It was on receipt of this bill in 2012 that my Dad started writing to them to ask what it was for, as he had paid what he believed was owed for 10/11 and as payment on account for 11/12 and he thought the demand was due to a mistake. he received nothing back from his letters, which compounded this belief from what I can make out. in those letters he told them he had been ill, so there is a bit of evidence to suggest that they didn't act on that information. It was only when I intervened and told them about his health a few weeks ago that they have got this marked on his file.

I haven't yet spoken with HMRC and asked for copies of letters etc.

Darksparkle

A subject access request is the first thing you should be doing.

From there you can decide what action to taken based on whether they issued letters or not.

Ms_Brush

Thank you, much appreciated. I will do that today and get it in the post tomorrow.

Cook_County

A few things:
1. HMRCs computers frequently get the State pension wrong. This is taxed on an accruals method, not a receipts basis.
2. As your dad was employed by one firm as a consultant it was their responsibility to deduct PAYE, not his to pay the tax.
3. HMRC will pay your accountants fees to correct their mistakes, if they have made any.
4. Have you disengaged the accountant?
5. Do you have a registered EPA or LPA allowing you to act? If not you can do nothing at all unless the Court of Protection appoints you. This is the primary question; not tax at all.

xylophone

5. Do you have a registered EPA or LPA allowing you to act? If not you can do nothing at all unless the Court of Protection appoints you.

See https://www.gov.uk/help-friends-family-tax which may be of interest.

Ms_Brush

Yes, there should be authority in place on HMRCs records which my Dad gave a few weeks ago.

Cook_County

Ms_Brush wrote: »

Yes, there should be authority in place on HMRCs records which my Dad gave a few weeks ago.

If you are acting without an LPA the Court of Protection may step in if there is abuse.


Given the health issues you have described an LPA needs to be created while your dad has capacity.

xylophone

If you are acting without an LPA the Court of Protection may step in if there is abuse.

Even with POA the Court could step in if there were abuse....

I am not quite sure why you are raising the question of abuse in this case as all the OP is doing is endeavouring to help her parent sort out his tax affairs for two previous years, for which a simple permission as above should be sufficient for the moment.

However, as the OP's father has been seriously unwell and is now in his seventies, he and his daughter would be wise to consider both types of LPA for the future.

https://www.gov.uk/power-of-attorney/overview

Ms_Brush

This is something to bear in mind, but not sure my Dad is ready to take this step at the moment, and not sure he needs that protection yet. He is of perfectly sound mind, but he is frail and he just doesn't understand how the tax system works. He finds the whole thing really confusing, and having seen the paperwork he has had through I can completely understand why! My biggest concern at this stage is getting this all sorted out quickly because he is stressing about it. We need to get to the position where he knows where he is, what he needs to do and he knows he has someone in his corner to help where necessary.

xylophone

He is of perfectly sound mind, but he is frail

This is the time to sort out the POA - it does not have to be used but it is there if needed.

Getting POA when a person is non compos mentis is very costly and time consuming.

http://www.ageuk.org.uk/money-matters/legal-issues/powers-of-attorney/power-of-attorney/