Miscalculated Tax 2020/21

During the 2020/21 I was working overseas and was not a UK tax resident (P85 submitted to HMRC).  Whilst overseas I was working for a subsidiary of the UK based company I was working for whilst a UK tax resident.  Although resident in Australia I was being paid through the UK company in GBP until 30th June 2021 and so income tax and national insurance were being deducted from my salary.  In my 2020/21 Australian tax return I have also been charged income tax on the same earnings and had to pay that money to the ATO.  As I understand it the incomes tax should be paid to either HMRC or the ATO but not both.

Looking at my UK 2020/21 tax return, completed by an accountant familiar with both jurisdictions, I should have been due a refund of circa £4,500 but my tax calculation from HMRC says that I am not due a refund.  My accountant agrees that I should have received a circa £4,500 refund.  How to I make HMRC recalculate my tax return?  I have written to them and received no response.  I have filed a complaint and have had no response.  What should I do?

Last time HMRC wouldn't refund me money I had to get my MP involved.  Will I need to do the same again?
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Comments

  • What does your 2020-21 return show?

    As you are out of time to amend that return you would have to make a claim for overpayment relief.  Have you done that?  Providing all the information required?

    https://www.gov.uk/self-assessment-tax-returns/corrections
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    500 Posts Name Dropper
    edited 10 February 2024 at 9:13AM
    What does your 2020-21 return show?

    As you are out of time to amend that return you would have to make a claim for overpayment relief.  Have you done that?  Providing all the information required?

    https://www.gov.uk/self-assessment-tax-returns/corrections
    I would be more interested in what the accountant is doing to pursue this as they completed the return on the op’s behalf. 

    It would be strange if their responsibility ended with the filing of the return. 

    We need to know what the calculation shows with regard to any double taxation relief, if anything. 
  • Dazed_and_C0nfused
    Dazed_and_C0nfused Posts: 17,078 Forumite
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    edited 10 February 2024 at 9:15AM
    Or maybe that an overpayment did arise but it had already been paid out during 2020-21, following the submission of the P85 and the tax return simply reflected the fact that £4,500 was overpaid but it has already been refunded?
  • BoGoF
    BoGoF Posts: 7,098 Forumite
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    Think you first of all need to establish that you were in fact non-resident for tax purposes. When did you leave the UK and when did you return? How many days did you spend in the UK in 20/21?

  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,389 Forumite
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    edited 5 August 2024 at 2:04PM
    @Dazed_and_C0nfused the SA100, SA102, SA105 and SA109 were all submitted as part of my 2020/21 tax return.  I have checked my electronic copies of all four documents and each has the correct information on it.  The SA032 HMRC issued for the tax year looks like it has completely ignored the income and UK tax paid on the SA102.

    @[Deleted User], SFA would be the answer to that and just suggested I sort it out with HMRC.

    @BoGoF, the SA109 states that I was an Australian tax resident and spent zero days in the UK for the whole tax year which isn't surprising given the global pandemic at the time, and that I was an Australian tax resident for 2019/20 as well.

    @Dazed_and_C0nfused, the only pay out I had was for the 2019/20 tax year where again I was taxed by both HMRC and the ATO for income from the same employer as in my 2020/21 tax return.  That refund definitely did not include any refund from 2020/21.  Even though HMRC acknowledged I was due a refund from 2019/20 I had to get my MP involved to get HMRC to actually give me the money back.
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 August 2024 at 2:04PM
    @Dazed_and_C0nfused the SA100, SA102, SA105 and SA109 were all submitted as part of my 2020/21 tax return.  I have checked my electronic copies of all four documents and each has the correct information on it.  The SA032 HMRC issued for the tax year looks like it has completely ignored the income and UK tax paid on the SA102.

    @[Deleted User], SFA would be the answer to that and just suggested I sort it out with HMRC.

    @BoGoF, the SA109 states that I was an Australian tax resident and spent zero days in the UK for the whole tax year which isn't surprising given the global pandemic at the time, and that I was an Australian tax resident for 2019/20 as well.

    @Dazed_and_C0nfused, the only pay out I had was for the 2019/20 tax year where again I was taxed by both HMRC and the ATO for income from the same employer as in my 2020/21 tax return.  That refund definitely did not include any refund from 2020/21.  Even though HMRC acknowledged I was due a refund from 2019/20 I had to get my MP involved to get HMRC to actually give me the money back.
    Without seeing the actual entries it's difficult to say what may have gone wrong . Maybe your angst should be directed at the accountant that submitted it as clearly they have done something wrong.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,389 Forumite
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    edited 5 August 2024 at 2:04PM
    BoGoF said:
    @Dazed_and_C0nfused the SA100, SA102, SA105 and SA109 were all submitted as part of my 2020/21 tax return.  I have checked my electronic copies of all four documents and each has the correct information on it.  The SA032 HMRC issued for the tax year looks like it has completely ignored the income and UK tax paid on the SA102.

    @[Deleted User], SFA would be the answer to that and just suggested I sort it out with HMRC.

    @BoGoF, the SA109 states that I was an Australian tax resident and spent zero days in the UK for the whole tax year which isn't surprising given the global pandemic at the time, and that I was an Australian tax resident for 2019/20 as well.

    @Dazed_and_C0nfused, the only pay out I had was for the 2019/20 tax year where again I was taxed by both HMRC and the ATO for income from the same employer as in my 2020/21 tax return.  That refund definitely did not include any refund from 2020/21.  Even though HMRC acknowledged I was due a refund from 2019/20 I had to get my MP involved to get HMRC to actually give me the money back.
    Without seeing the actual entries it's difficult to say what may have gone wrong . Maybe your angst should be directed at the accountant that submitted it as clearly they have done something wrong.

    It might have been the accountant but then again I have had several issues with HMRC in the past.  Rather than directing angst at any particular party I would just like to get the matter resolved and my money back.  I have written to HMRC disputing their calculation and why I believe it is wrong and demonstrating that I also paid the tax to the ATO.  I've heard nothing back.  I phone and no one can help me.  Unless anyone has any other suggestions I will wait for the outcome of my complaint and then go to my MP.  She seems to have a secret thistle whistle for getting responses from HMRC.
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 August 2024 at 2:04PM
    BoGoF said:
    @Dazed_and_C0nfused the SA100, SA102, SA105 and SA109 were all submitted as part of my 2020/21 tax return.  I have checked my electronic copies of all four documents and each has the correct information on it.  The SA032 HMRC issued for the tax year looks like it has completely ignored the income and UK tax paid on the SA102.

    @[Deleted User], SFA would be the answer to that and just suggested I sort it out with HMRC.

    @BoGoF, the SA109 states that I was an Australian tax resident and spent zero days in the UK for the whole tax year which isn't surprising given the global pandemic at the time, and that I was an Australian tax resident for 2019/20 as well.

    @Dazed_and_C0nfused, the only pay out I had was for the 2019/20 tax year where again I was taxed by both HMRC and the ATO for income from the same employer as in my 2020/21 tax return.  That refund definitely did not include any refund from 2020/21.  Even though HMRC acknowledged I was due a refund from 2019/20 I had to get my MP involved to get HMRC to actually give me the money back.
    Without seeing the actual entries it's difficult to say what may have gone wrong . Maybe your angst should be directed at the accountant that submitted it as clearly they have done something wrong.

    It might have been the accountant but then again I have had several issues with HMRC in the past.  Rather than directing angst at any particular party I would just like to get the matter resolved and my money back.  I have written to HMRC disputing their calculation and why I believe it is wrong and demonstrating that I also paid the tax to the ATO.  I've heard nothing back.  I phone and no one can help me.  Unless anyone has any other suggestions I will wait for the outcome of my complaint and then go to my MP.  She seems to have a secret thistle whistle for getting responses from HMRC.
    It's called Self-Assessment for a reason. Any calc is based on what you/your accountant entered. As has been said earlier you now need to make a claim to Overpayment Relief and say what boxes you want to amend or submit additional supplementary pages. Saying 'I paid tax in Australia' doesn't really help.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,389 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    edited 5 August 2024 at 2:04PM
    BoGoF said:
    BoGoF said:
    @Dazed_and_C0nfused the SA100, SA102, SA105 and SA109 were all submitted as part of my 2020/21 tax return.  I have checked my electronic copies of all four documents and each has the correct information on it.  The SA032 HMRC issued for the tax year looks like it has completely ignored the income and UK tax paid on the SA102.

    @[Deleted User], SFA would be the answer to that and just suggested I sort it out with HMRC.

    @BoGoF, the SA109 states that I was an Australian tax resident and spent zero days in the UK for the whole tax year which isn't surprising given the global pandemic at the time, and that I was an Australian tax resident for 2019/20 as well.

    @Dazed_and_C0nfused, the only pay out I had was for the 2019/20 tax year where again I was taxed by both HMRC and the ATO for income from the same employer as in my 2020/21 tax return.  That refund definitely did not include any refund from 2020/21.  Even though HMRC acknowledged I was due a refund from 2019/20 I had to get my MP involved to get HMRC to actually give me the money back.
    Without seeing the actual entries it's difficult to say what may have gone wrong . Maybe your angst should be directed at the accountant that submitted it as clearly they have done something wrong.

    It might have been the accountant but then again I have had several issues with HMRC in the past.  Rather than directing angst at any particular party I would just like to get the matter resolved and my money back.  I have written to HMRC disputing their calculation and why I believe it is wrong and demonstrating that I also paid the tax to the ATO.  I've heard nothing back.  I phone and no one can help me.  Unless anyone has any other suggestions I will wait for the outcome of my complaint and then go to my MP.  She seems to have a secret thistle whistle for getting responses from HMRC.
    It's called Self-Assessment for a reason. Any calc is based on what you/your accountant entered. As has been said earlier you now need to make a claim to Overpayment Relief and say what boxes you want to amend or submit additional supplementary pages. Saying 'I paid tax in Australia' doesn't really help.

    Really, is that why it is called self assessment?  Mind blown!

    What was entered on my tax return was correct so I do not need to amend anything on my tax return.  The calculation from HMRC is missing the employment income and UK tax paid from that employment.  I don't think HMRC has calculated the tax correctly and nor does my accountant.  Independently we come up with the same refund. I am 95% confident that HMRC got it wrong.

    There is a double tax agreement between the UK and Australia so why is it unhelpful to point out to HMRC that I have been taxed twice on the same income for a tax year where I did not set foot in the UK.
  • born_again
    born_again Posts: 19,432 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    During the 2020/21 I was working overseas and was not a UK tax resident (P85 submitted to HMRC).  Whilst overseas I was working for a subsidiary of the UK based company I was working for whilst a UK tax resident.  Although resident in Australia I was being paid through the UK company in GBP until 30th June 2021 and so income tax and national insurance were being deducted from my salary.  In my 2020/21 Australian tax return I have also been charged income tax on the same earnings and had to pay that money to the ATO.  As I understand it the incomes tax should be paid to either HMRC or the ATO but not both.

    Looking at my UK 2020/21 tax return, completed by an accountant familiar with both jurisdictions, I should have been due a refund of circa £4,500 but my tax calculation from HMRC says that I am not due a refund.  My accountant agrees that I should have received a circa £4,500 refund.  How to I make HMRC recalculate my tax return?  I have written to them and received no response.  I have filed a complaint and have had no response.  What should I do?

    Last time HMRC wouldn't refund me money I had to get my MP involved.  Will I need to do the same again?
    Was this being paid into a UK bank account?
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