Hi I believe the situation you describe was a known error on the tax credit computer system at that time. Whenever a change of circumstances was actioned, for some reason the system deleted other income at the same time. That of course us not your fault and you reasonably believed your tax affairs were in good order. Google COP 26 (this is HMRCs code of practice relating to tax credit overpayments) Write to HMRC (send it by recorded signed for delivery) and advise them that you have recently noticed that they have altered your husbands annual income to nil. State that you never advised them that his income was nil and explain that whilst you appreciate there will be an overpayment of tax credits, as you had a reasonable belief that the amounts being paid were correct, you feel that HMRC should remit the overpayment

You're welcome

Write to tax credits and at the top of the letter in underlined capitals put APPEAL AGAINST OVERPAYMENT Send the letter by recorded signed for delivery. In your letter use this phrase "we were maintaining separate households under the same roof" Explain to them how you organised yourselves to avoid physical contact i.e separate bedrooms Explain that your finances were separate i.e separate bank accounts Explain your arrangements for paying bills, buying food etc

Well well well a leopard doesn't change it's spots eh!

It shouldn't take too long. You should get a letter giving details of the amounts due to you, which will be the same as you were getting before. If you haven't heard anything by the middle of next week, I would ring them to progress check.

Yes put it in writing and send it by recorded signed for delivery to the address on the letter you received. Just so you are aware, HMRC will check the tax/NI paid over by your employer by reference to their BROCS (business records on HMRC systems) records. They will then check the amount paid as wages in the company accounts and also the P60 details. It will be difficult with no paperwork though; did you ever get a P60? You do need this sorted, I'm not saying this to cause upset, but it's possible that because of the lack of paperwork, HMRC may think there's been employee/employer collusion, so it's in your own best interest to gather as much information as you can as HMRC will need to establish how much NI is due/has been paid because it needs to be paid into your NI account in order to protect your future entitlement to benefits and state pension. If the employer has not paid this over, HMRC can make the employer pay it on your behalf

Its a nightmare trying to get through to them. If you go on the HMRC website and search for the number to call when ringing from abroad, just knock off the 44 and replace it with a 0; I guarantee you'll get through in 5 rings.. It worked for me!

When you say they haven't claimed for you since 2009/10, did they actually advise HMRC either by ringing them or writing to them? I would suggest providing the information that's been requested and attach a covering letter informing them that no claim has been made since 2009/10 It could be that HMRC have not updated their records; might be worth googling COP 26 and reading through the example where HMRC have failed to make proper and timely use of the information with which they were supplied

You have to submit it by 31 July so it might be worth ringing them to check

IR35 is a bit of a grey area; you might want to read the tax case HMRC v Arctic Systems, which illustrates some interesting points concerning IR35

IR35 is a slightly different scenario; what HMRC would try and establish there is, if it were not for the existence of the Ltd Co set up by the individual, would they simply be an employee of the other(or main) Ltd Co. They basically will look to see if there is a commercial reality and that it is not being used as a contrived measure in order to avoid paying tax and NI

IR35 is a slightly different scenario; what HMRC would try and establish there is, if it were not for the existence of the Ltd Co set up by the individual, would they simply be an employee of the other(or main) Ltd Co. They basically will look to see if there is a commercial reality and that it is not being used as a contrived measure in order to avoid paying tax and NI

It is possible to be employed and self employed at the same time (as long as the self employment is genuine) you could use the ESI (employment status indicator) on HMRC website to check (just put ESI in the search box) As regards employment income, the personal tax allowance will be set off against this and if it covers your income in it's entirety, then there will be no liability to tax. There is a possibility that the WTC will need to be recalculated but it might be worth awaiting the outcome of the compliance check before informing the tax credit office

If the company is limited, then directors are classed as office holders and are treated as employees for tax purposes, unless they are non executive directors which from your description you are not. If HMRC establish that errors have been made then they will consider penalties by establishing culpability... Was the error made despite taking reasonable care or deliberate for example. If the monies due to HMRC as a result of the error are more than 2.5K then HMRC will recover them from the individual director or they may let the company pay them under a negotiated contract settlement

Found this on the HMRC website; If you've just become self-employed You might have only just started working for yourself and had no income from self-employment in the last tax year. If so, leave the 'income from self-employment' box blank.

I take it the company is a limited company, in which case, you are classed as an employee as well as a director. With regards to the SA return, HMRC would expect there to be an employment page completed giving details of the wages paid to you from the company. HMRC do have the right to inspect records to establish that payments made to directors that constitute wages have been treated correctly for PAYE income tax and NI purposes

The thing is you gave the details off the P60 for 2010/11, HMRC would see that the date of commencement shown on the P60 would be October 2010; they should have forward projected the figure over a 12 month period for the purposes of using that as an income figure for 2011/12. If they did not do that then they have failed to make proper and timely use of the information with which they were supplied. I would ring or write to them and tell them this, you could quote them this statement from the COP 26; When you make or renew your claim we should accurately record and use the information you give us to work out your tax credits and pay you the correct amount. It is likely that there will be an overpayment, but if they have made an error then the amount could be remitted. Worst case scenario is that they will recover it from a subsequent award (their prefered method where there is an on going claim) or if there is no subsequent award a time to pay arrangement.

The only sure way to bring your liability under a personal guarantee to an end is either to ask the bank to release you in writing (don't hold your breath) or to find the provision in the guarantee document allowing you to terminate on notice. This will cap your liability under the personal guarantee to the amount owed by the company at that time. You should only do this where the company no longer requires the facility or you cease to be a director/shareholder as inevitably the bank will want the money back. Tactically, notice should be served when the business owes the bank as little as possible or preferably nothing at all.* Lastly, only ever sign a personal guarantee if you are comfortable with the risks. Tactics to use if a personal guarantee is called in If the worst happens and the personal guarantee is called in by the bank when your business doesn’t have the funds to repay it, for example if you go into administration, you should take early advice and carefully consider the options available to you as the implications of the bank taking legal action can be severe. You may firstly want to examine whether the guarantee is likely to be enforceable by the bank. For example, is it backed by a charge on your house; was independent legal advice given and can the original signed document be located by the bank? The next stage is to look at your ability to repay the money. If the bank has a charge your house or believes there are other assets sufficient to repay the full amount then the room for negotiation of a lower figure in full and final settlement is more difficult, but not impossible. If you have little means to repay then the bank will take this into account during negotiations.

SSP is a measure of earnings replacement when an employee is sick. To qualify you must be sick for 4 or more days in a row (period of incapacity for work - PIW) have earnings above the lower earnings limit for NI The current PIW should not link with an earlier PIW within the 8 weeks before this PIW So in the first week the employee is sick, if they work 5 days a week (their qualifying days - QD) they won't get paid for the first 3 days whist the PIW is being formed, these are referred to as waiting days. On day4 & 5,they receive 2/5 of the weekly SSP (£34.34 - £85.85 x2/5) SSP is classed as taxable income, so if their normal wages plus the SSP makes them liable, tax and NI will be paid. If there continue to be paid SSP, it is likely there will be a refund of tax if they are on a cumulative tax code. This is because at the start of the tax year, the PAYE code is calculated as if the person is going to be in receipt of normal pay for the whole year; but if the employee receives SSP which is less than their normal pay, there will be a refund as a result of the decrease in pay and the corresponding decrease in tax deductions.

Strange... Because most payroll systems whether in house or out sourced have in built parameters in respect of NMW. However, like most computerised systems, they're only as good as the person inputting the details

Found this on the Directgov website which may be of use to you; National minimum wage - calculating national minimum wage pay - the basics What counts as national minimum wage pay When working out national minimum wage (NMW) pay the starting point is the worker's total pay in*a pay reference period, see the page in this guide on*national minimum wage pay reference period – ie*the pay received by the worker before the deduction of income tax and National Insurance contributions. Incentive pay Incentive payments count towards*NMW pay if they relate solely to the performance of a worker and are made as part of an incentive, sales commission, merit or any performance-related pay scheme. Bonuses Bonus payments count towards*NMW pay. For an explanation of how bonuses should be allocated to different pay reference periods,*see the page in this guide on*national minimum wage pay reference periods - bonuses.* Pay that doesn't count as*NMW pay Total pay for NMW purposes excludes payments that are: loans advances of wages pension payments lump sums on retirement redundancy payments rewards under staff suggestions schemes Other amounts reduce the total NMW pay: money paid by the employer to the worker in respect of tips, gratuities, service charges and cover charges from customers (but see below) the premium element of pay for work paid for at a rate higher than the worker's standard pay rate allowances other than those linked to performance payments to reimburse expenses some payments in respect of absences Since 1 October 2009, tips, gratuities, service charges and cover charges no longer count towards NMW pay. This is regardless of whether they are paid through your payroll or are given direct to workers by customers or a tronc master. Benefits in kind do not count towards NMW pay (even if they have a monetary value) – but note the special rules for employer provided accommodation.

Hi This is clearly an employer breach; employers have a statutory obligation to calculate, deduct, record and remit to HMRC PAYE income tax and NI Failure to do this, particularly if done deliberately, renders the employer liable to penalties and possible prosecution

I'd say you've waited long enough! Write to the address on your letter and make sure you head it "complaint" in capitals . Send it by recorded signed for delivery and state; Further to my successful appeal dated 25 April, I feel that sufficient time has now elapsed for HMRC to make the payments due to me. I shall expect full payment within 14 days from the receipt of this letter. Failure to make the payment will leave me with no alternative other than to escalate my complaints to the Director of Benefits and Credits. If you receive no response, post back here and I will give you the address of the directors office

Sorry no one has responded to your query before now... I think that's because it's tax credit renewal time so there are lots of queries. Normally, on the TC603R (annual review for year ended 05/04/12) on step B are the changes in personal circumstances details. Is this blank?