Tax returns and "trusted helper" vs power of attorney

waveyjane

Not sure if this is the right board for this, but...

What's the actual difference between being a 'trusted helper' and having PoA over tax affairs? 

Ideally, I'd like to fill out my mother's tax self assessment for her each year. I'm registered as a trusted helper, but from what I can tell all this lets me do is see her account details but not actually fill in the form. She's not done an online return yet though (Dad used to do it on paper for them both before he died).

I also have power of attorney for her property and finance. She has capacity, so reading this, it seems I can apply for PoA over her tax affairs.

But does anyone know what this means in practice as opposed to just in theory/legal terms? 

elsien

It depends what your mothers power-of-attorney says, because some people choose to only have them kick in when they lose capacity. So you actually need to check whether the power-of-attorney allows you to act now if she still has capacity?

HillStreetBlues

As elsien states you can only do this if LPA is set to "as soon as LPA is registered"  if your mum still has mental capacity.

waveyjane

Yes, @elsien @HillStreetBlues it's a property and finance LPA which says it allows it to be used once it's registered. 

HillStreetBlues

The difference will be a helper will check the tax and/or a apply for a refund, with a POA you can make decisions on their behalf. 

waveyjane

HillStreetBlues said:

The difference will be a helper will check the tax and/or a apply for a refund, with a POA you can make decisions on their behalf. 

OK, but what in practice does that mean? If I register my PoA with HMRC, can I fill in my mother's self assessment for her from the comfort of my own home? I don't seem to be able to do that with my "trusted helper" status, but I'm not sure. She can just about do her tax with me looking over her shoulder, but I live two hours drive away so I'd rather keep my visits to her home free of bureaucracy if possible.

HillStreetBlues

waveyjane said:

HillStreetBlues said:

The difference will be a helper will check the tax and/or a apply for a refund, with a POA you can make decisions on their behalf. 

OK, but what in practice does that mean? If I register my PoA with HMRC, can I fill in my mother's self assessment for her from the comfort of my own home? I don't seem to be able to do that with my "trusted helper" status, but I'm not sure. She can just about do her tax with me looking over her shoulder, but I live two hours drive away so I'd rather keep my visits to her home free of bureaucracy if possible.

Yes you should be able to do that once it's registered with them, but it's the tax man, so expect some needless bureaucracy

sheramber

You can complete it and advise re POA

https://www.gov.uk/government/publications/self-assessment-tax-return-sa100/how-to-fill-in-your-tax-return-2022#signing-your-form-and-sending-it-back

Boxes 23 to 26

You only need to fill in these boxes if you:

• are an executor dealing with a deceased’s estate from 6 April 2021 to the date the person died

• are appointed by a UK court to complete a tax return on behalf of someone who is not mentally capable of understanding it

• have an enduring or lasting power of attorney to act on behalf of someone who is not physically or mentally capable of filling in a tax return

If you have not previously sent evidence of your appointment, send the original document, or certified copy, with this tax return.

A certified copy should be signed and certified as a true and complete copy, on every page, by either the donor of the power, a solicitor or a stockbroker. We’ll send it back to you within 15 working days.

waveyjane

Ah, good - although I take it this means I need to submit her return on paper, but that should be OK I think.