Totally shafted by HMRC and the SEISS

jfinnie

deliclare said:

Well we won't be getting a penny.
My husband's 18-19 tax return was £300 over the threshold. Utter rubbish that they say they will look at the other 2 tax years and take an average from the last 3  - they don't - even though the 2 previous tax years earned him £30k. 

As they seem so adamant, are you sure he's entitled to use the 3 year calculation?
To do that I'm pretty sure the income from from self employment over the 3 year period has to be more than half of the total income over that period.  If he also had some employment mixed in there it is quite possible he's not entitled by that calculation method either.
I'm not saying it is fair, but it seems like that is how it is structured.  

Jeremy535897

jfinnie said:

deliclare said:

Well we won't be getting a penny.
My husband's 18-19 tax return was £300 over the threshold. Utter rubbish that they say they will look at the other 2 tax years and take an average from the last 3  - they don't - even though the 2 previous tax years earned him £30k. 

As they seem so adamant, are you sure he's entitled to use the 3 year calculation?
To do that I'm pretty sure the income from from self employment over the 3 year period has to be more than half of the total income over that period.  If he also had some employment mixed in there it is quite possible he's not entitled by that calculation method either.
I'm not saying it is fair, but it seems like that is how it is structured.  

This thread is about averaging the self employed profits for three years to get below the £50,000 cap. If OP had other income over the 3 years of over £100,000 on top of over £100,000 profits, I doubt he'd be that bothered about a £7,500 grant.

Grumpy_chap

deliclare said:

My husband's 18-19 tax return was £300 over the threshold. Utter rubbish that they say they will look at the other 2 tax years and take an average from the last 3  - they don't - even though the 2 previous tax years earned him £30k. 

Did the two previous tax years earn 30k in total or 30k per year?  Was he fully self-employed for all of the three years?

deliclare

Grumpy_chap said:

deliclare said:

My husband's 18-19 tax return was £300 over the threshold. Utter rubbish that they say they will look at the other 2 tax years and take an average from the last 3  - they don't - even though the 2 previous tax years earned him £30k. 

Did the two previous tax years earn 30k in total or 30k per year?  Was he fully self-employed for all of the three years?

He earned around £30k for each of the previous years- so £60k in total. Plus the £50k for 18-19 - makes £110k which divided by 3 is £36.6k. Definitely self employed for the whole 3 years. We are now thinking that the person on the phone simply hasn't had sufficient training which is quite honestly terrifying. 

deliclare

jfinnie said:

deliclare said:

Well we won't be getting a penny.
My husband's 18-19 tax return was £300 over the threshold. Utter rubbish that they say they will look at the other 2 tax years and take an average from the last 3  - they don't - even though the 2 previous tax years earned him £30k. 

As they seem so adamant, are you sure he's entitled to use the 3 year calculation?
To do that I'm pretty sure the income from from self employment over the 3 year period has to be more than half of the total income over that period.  If he also had some employment mixed in there it is quite possible he's not entitled by that calculation method either.
I'm not saying it is fair, but it seems like that is how it is structured.  

He has been self employed for 30 years. Always done self assessment. No other income from any other source. 

Jeremy535897

No doubt your husband has appealed. On review the claim should be allowed, based on the facts given.

deliclare

Jeremy535897 said:

No doubt your husband has appealed. On review the claim should be allowed, based on the facts given.

We were told that they are still in the process of responding to the written requests for reviews. We have printed out the legislation kindly given by you on here and the House of Commons briefing report which both state that even if 2018-19 is not eligible, that the previous 2 tax years will be taken into account and the average taken over the 3 years. What is so astounding is that if they have given us the wrong information over the phone.....what shockingly bad training was given? What about our mental health while this continues? It's a disgrace. 

gettingtheresometime

Mdeliclare said:

Jeremy535897 said:

No doubt your husband has appealed. On review the claim should be allowed, based on the facts given.

We were told that they are still in the process of responding to the written requests for reviews. We have printed out the legislation kindly given by you on here and the House of Commons briefing report which both state that even if 2018-19 is not eligible, that the previous 2 tax years will be taken into account and the average taken over the 3 years. What is so astounding is that if they have given us the wrong information over the phone.....what shockingly bad training was given? What about our mental health while this continues? It's a disgrace. 

I would imagine given the speed that these schemes were put together very little training was given.

antonic

HMRC staff have no input on how these decisions are made - the SA system makes the decision based on actual SA returns submitted - in fact most HMRC staff do not have access to the SA system so they cant look at records to make a decision.
If your husband disagrees he MUST complete the dispute form and send it to HMRC, for them to review the decision.

deliclare

antonic said:

HMRC staff have no input on how these decisions are made - the SA system makes the decision based on actual SA returns submitted - in fact most HMRC staff do not have access to the SA system so they cant look at records to make a decision.
If your husband disagrees he MUST complete the dispute form and send it to HMRC, for them to review the decision.

When we spoke to the first person about a week ago she said she could see my husband's returns and agreed that there should be no problem being eligible. The man we spoke to yesterday just kept saying 'we only go from the 18-19 tax year' which is absolute rubbish. We are waiting for our official response in writing now from them from the dispute we have raised. We are armed with the legislation and the Commons briefing report. We are calling them again today to read it out to them!!