HMRC - 35: Total loss to carry forward after all other set-offs – including unused losses brought fo

Creatorist

Reference:

35: Total loss to carry forward after all other set-offs – including unused losses brought forward - 14 -15 years plus

Over many years I have accumulated my credit of the following total-£81,513.00.

The tax office ( Indv, And Small Business Compliance. Complex And Agents, ITSA ASCV,

HM Revenue And Customs BX9 1QE ) has said that the total £81,513.00 is said to be an error after requesting to be paid, the letter dated 22nd May 2023.

As part of this claim they required my identity documents, which have been provided from Friday 21st April 2023. This means they have in their possession, for a total of 304 days, my driving licence and passport.

They threaten me that if I don’t send in my documents by a pacific time all my status being self-employed will be taken away (Quote) “We will remove you from Self Assessment”.

There has been no update on how long they plan to hold my documents. Although, it was advised that after 50 days they would return my original documents- this has not happened.

(Recent update on 17th January 2024, they said it would take another three months, regarding their investigation).

I went onto the GOV.UK HMRC Community Forums the following site community hmrc gov uk/customerforums/ they denied me to continue because I was not a registered accountant.

Am I being detained for asking for my unused losses brought forward?

I have also written to the Parliamentary and Health Service Ombudsman, via Resolver.co.uk, On Thursday 25th May 2023, regarding this and still have not had a response.

And also my Member of Parliament Bell Ribeiro-Addy MP – No response

I would like advice/guidance with the above, as it feels my rights in asking for the pay out and an explanation on the delay/ alleged error is being ignored.

It has led me to feel like I am under investigation like a criminal for requesting the above.

My thoughts and inclination are that there is a machination going on here.

The question I’m asking you - am I guilty of a crime, in requesting my unused losses brought forward to me, while they have erased and deleted all projections that were stated in all my tax returns over the 14 -15 years plus of accounts.

Is this unlawful - I had acquired and had green light all the way through on my returns – red light mean you cannot proceed until it is corrected

I really don’t trust this system anymore, one law for the rich and one law or for the poor.

Is there a conspiracy denying my human rights for Justice, liberty and freedom of movement to progress with my life.

Will the truth ever be revealed?

soolin

I can’t follow your post at all sorry, I’m not sure how losses carried forward turn into a credit to be paid out? however I have referred it to the forum team and suggested it be moved to the tax board. 

[Deleted User]

I also cannot follow what is going on. What does this mean?

‘ total £81,513.00 is said to be an error after requesting to be paid, the letter dated 22nd May 2023.’

Dazed_and_C0nfused

Over many years I have accumulated my credit of the following total-£81,513.00


Do you mean you have a accumulated a loss of £81,513 🤔

sheramber

Your post is not easy to understand.

It would help if you provided a background to the situation.

Are you saying your business had a loss for 14-15 years of trading?

Losses in themselves are not refundable. Is the business now making a profit and you are setting off your losses against the profit?
 
Were you running a business at a loss for so long?

Why do you expect  a refund now?



When you complete your self assessment return the only check done is that you have completed the appropriate boxes relevant what other boxes you have completed.

The return is processed as it is , with no checks on the information given.  That is what Self Assessment is- you self assess.

The green light just means you have completed the required boxes.

Any checks on the figures  entered are done at a later date, but not all returns will be checked.   So, your returns may never have been checked before.

However, , it is quite possible that when you have asked for a credit/refund of a sizeable amount , then your  returns will have been selected for checking now.

soolin

[Deleted User] said:

I also cannot follow what is going on. What does this mean?

‘ total £81,513.00 is said to be an error after requesting to be paid, the letter dated 22nd May 2023.’

It's been edited quite heavily since I first saw this post, but I'm not sure it helped. Originally the £81k were trading losses bought forward- and that's why I couldn't understand how they suddenly turned into a credit that needed to be paid out. I thought it best to get the team to send it here for the experts.

I would say though that it would not be unusual for someone to mistake the concept of something being able to be used to offset tax due (ie trading losses) to be a physical amount of money that they could request in cash. 

[Deleted User]

There would be an issue as to whether a business with losses accumulated over a 14/15 year period was set up with a view to ever making a commercial profit. Indeed HMRC may challenge if this occurred even over a 4 or 5 year period. 

https://www.gov.uk/hmrc-internal-manuals/business-income-manual/bim85710

uknick

As said already, I think the OP has completely misunderstood how self trading losses work.  How can he expect a cash refund if he never actually paid the tax in the first place?

If that were the case, it's a nice little earner to start sole trading, claim as much as you can with regard to expenses, and when you've bult up enough losses ask HMRC for a cheque.

But, if his post is trying to explain he wants to claim against profits he's now making, surely all he has to do is let HMRC have copies of the tax returns accepted by HMRC going back 15 years.  How much easier can it be?