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High Income Self Assessment Tax Return

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My husband has just received notification that he should have been filing a self-assessment tax return since 2013 due to his plus£50K income and due to me having continued to claim child benefit during this time. Now, I understand we should have been paying more attention when they changed the law (which I have now studied) but
do we have any case for arguing against the repayment? At no point was my husband informed and they have waited 5 years to chase it up, leaving us with a large bill to repay plus interest and late payment penalties. When he questioned this he was told HMRC were not obligated to inform him - there was a tv advert that he should have seen! As a self-employed person, I would be contacted the minute I was a day late filing a tax return with the late fine - why did this not happen to him?

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