Help - Will I go to prison?

In an effort not to get into a pickle with HMRC, I think I may well have waded into a quagmire.
Help me sort this out kind people.

In my defence, m'luds, my husband died in March and he was the money brains of the household.

I opened an ISA with Bank A in June, using this years full allowance.

In July, another ISA, with Bank B, came to maturity.
I split that ISA and topped up the new Bank A one and reinvested the balance with another Bank B ISA.

So far, so good?


On receipt of necessary bereavement documents etc, in August I opened an APS ISA with NS and I and have put monies which were in my late husband's ISA, into that.


On reading something today, I think I've broken the rules and opened 2 ISA's in 1 tax year.

Have I? 

In my head, because the money for NS and I was money from an ISA, it was "old" money so I viewed it as a transfer.

If I have broken the rules, what do I do about it now?

In the meantime, I'll do nothing.

All help, gratefully received.



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Replies

  • OzzigOzzig Forumite
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    Again no expert, but I don't think the number of ISAs is an issue, just if you've used up the £20k allowance in total.


  • edited 14 September 2022 at 10:42PM
    refluxerrefluxer Forumite
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    edited 14 September 2022 at 10:42PM
    Ozzig said:
    Again no expert, but I don't think the number of ISAs is an issue, just if you've used up the £20k allowance in total.


    You're only allowed to open one ISA of each type and fund it with 'new money' from the current tax year up to a total of £20k across all the ISAs combined, so I guess the concern here is with the APS ISA and the money paid into that, seeing as the £20k allowance was used up with Bank A.

    Rusty190 - did you fund the APS ISA via an ISA transfer process or was it a cash deposit ? In order for it not to contravene the £20k limit, it would presumably have needed to be an ISA transfer. Edit - from the answers below, it looks like my presumption was wrong !
  • isasmurfisasmurf Forumite
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    The inherited allowance is entirely separate from, and in addition to, your own ISA allowance and you can use it in a separate ISA to your own.

    Provided you've provided all the correct documentation in opening the APS ISA, which I assume you have otherwise it wouldn't have been opened and the allowance transferred, then I don't see you have broken any rules. 

    In any event, if the deposits are invalid, the worse that will happen is the interest from those deposits will be treated as if they weren't in an ISA. 
  • Rusty190Rusty190 Forumite
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    @refluxer:I didn't transfer the money straight from Mr Rusty's ISA to the APS ISA, as, unfortunately, unlike "normal" ISA's, that's not what you do, apparently.
    Hence, the ISA was closed, monies transferred to my current account, APS ISA opened, then money transferred to there. 

    @isasmurf: When is that likely to become apparent and who is likely to tell me?




  • edited 14 September 2022 at 5:09PM
    masonicmasonic Forumite
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    edited 14 September 2022 at 5:09PM
    There's no issue with anything you have described. Using an APS ISA will often involve moving the money through your own non-ISA account. This is not a problem. The APS grants you an additional allowance to add new money to a separate ISA and have it counted as previous year money. An APS ISA is not counted towards the number of ISAs funded in a tax year (unless you exceed your APS allowance).
  • DaliahDaliah Forumite
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    refluxer said:
    You're only allowed to open one ISA of each type 
    You are allowed to open any number of ISAs, in the same tax year.

    You are not allowed to put new money into more than one ISA of the same type in the same tax year.

    I can't see any ISA rule the OP has breached.
  • edited 14 September 2022 at 11:07PM
    refluxerrefluxer Forumite
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    edited 14 September 2022 at 11:07PM
    Daliah said:
    refluxer said:
    You're only allowed to open one ISA of each type 
    You are allowed to open any number of ISAs, in the same tax year.

    You are not allowed to put new money into more than one ISA of the same type in the same tax year.

    I can't see any ISA rule the OP has breached.
    You've quoted what I said out of context. I said  "You're only allowed to open one ISA of each type and fund it with 'new money' from the current tax year up to a total of £20k across all the ISAs combined", which is correct.

    I stand corrected about the fact that an APS ISA can be funded with cash rather than a transfer though, as I don't have experience of that particular type of ISA and had presumed that the rules would be the same as a normal Cash ISA (ie. that withdrawing money from a previous ISA and paying it into a new one would count towards the current tax year's allowance, which doesn't appear to be the case when paying into an APS ISA).
  • edited 15 September 2022 at 12:01AM
    jonesey1985jonesey1985 Forumite
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    edited 15 September 2022 at 12:01AM
    Rusty190 said:
    In an effort not to get into a pickle with HMRC, I think I may well have waded into a quagmire.
    Help me sort this out kind people.

    In my defence, m'luds, my husband died in March and he was the money brains of the household.

    I opened an ISA with Bank A in June, using this years full allowance.

    In July, another ISA, with Bank B, came to maturity.
    I split that ISA and topped up the new Bank A one and reinvested the balance with another Bank B ISA.

    So far, so good?


    On receipt of necessary bereavement documents etc, in August I opened an APS ISA with NS and I and have put monies which were in my late husband's ISA, into that.


    On reading something today, I think I've broken the rules and opened 2 ISA's in 1 tax year.

    Have I? 

    In my head, because the money for NS and I was money from an ISA, it was "old" money so I viewed it as a transfer.

    If I have broken the rules, what do I do about it now?

    In the meantime, I'll do nothing.

    All help, gratefully received.



    Don't come to an internet forum for legal advice.

    I've reported this thread as a vulnerable user so you don't get misled.
  • Rusty190Rusty190 Forumite
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    While I'm grateful for your concern that I don't get led up the garden path by well meaning folk @jonesey1985, where would you recommend I go to get my query answered?

    I have had some very sound advice from knowledgeable people on this forum in the past and sometimes it just helps to get the opinions of others.

    I'm intrigued to know what being reported as "a vulnerable user" means.
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