Tax Return

[lynski3053]

Hi,

 

I don't know if I have posted in the right forum or if indeed anyone can help.

 

My partner used to work self employed up to the end of the 06 tax year.

 

During 06 and 07 he worked as an employee with a company for 4 months got laid off. He couldn't claim any benfits as I was working at the time so the tax credits were paid as normal. He then began working as an employee for the same company he is with now in march 07.

 

In April 07 he recieved a letter from the tax man about the CIS vouchers he used to get when he was self empolyed to advise they were stopping. He called them and explained he no longer worked self employed he was an employee and that his tax and national insurance were paid through the Pay As You Earn Scheme. Subsequently he recieved a letter advising they no longer propsed to send any tax returns.

 

In December 07 he got a tax return, he wrote a letter explaining about working etc and that he wasn't going to send in the tax return. He got a reply 2 days after the 31st January deadline advising he needed to fill one in. He then gets a letter for a fine of 100 for not filling it in. He went to appeal the decision and was advised in March he couldn't. I spoke to a friend's mum who used to work in the tax office and she advised to write a letter of all my partners employment and unemployemnt in the 06 to 07 tax year. He did this and finally mid April we got a reply advsing that the the letter from April 07 may have been misleading but if he filled in the tax return sent in back they would re look at it. He filled it in and posted it back in April.

 

Today he has recieved a letter advisng they have calculated he owes them £3720 in unpiad tax and National Insurance and that they have still not got his tax return. I went to call the tax office as my partner works away from home and the lady told me she could not discuss anything with me.

 

I'm stuck now and don't know what to do. If anybody can offer any advise or point me in the right direction that would be a great help.

[BeauBrummie]

Hi Lynski3053,

 

Can you confirm which tax year your partner has received the demand for payment from?

 

BB

[lynski3053]

Hi,

 

Yes it's the year ended 2007.

 

Thanks

[BeauBrummie]

So have HMRC sent you a demand for payment for the year that there has been no tax return filed ? if that is the case then it would be unusual for them to send out a guestimate request. Tax returns for 2006-2007 tax year would have been sent out about this time last year for filing January 2008.

 

BB

[lynski3053]

Hi,

 

Yes they sent one out but only on the 17th december 07. My partner wrote to dispute it as soon as the return came but we didn't get a reply until after the 31st January deadline. He was going to appeal but the on the 5th March he was advised he couldn't as the grounds he claimed didn't satisfy the requirements for not filling the return in.

 

In this letter dated 5th March 08 it does state that they had not had a phone call or letter advising them that his self employment had stopped yet his letter dated 27 April 2007 says they no longer proposed to send anymore tax returns.

 

He sent them a letter and advised when he was working which was between May 06 and Sept 06 then he was laid off and began work again on the 5th March 07.

 

The Tax return was sent back at the end of April 08 the letter receieved today dated the the 15th May is a determination of tax due but is from a different tax office it was sent to Sunderland however the letter today is from Harrogate. I'm at a loss completly and don't know what else to do.

[lynski3053]

A quick note on the back of that as well he got a letter dated 29th April 08 and they have said that the letter dated 27 April 07 may have mislead him but they would review the appeal once the return had been recieved and processed. Which his when he then posted the return back. There seems to be some lack of communication and time between Sunderland and Harrogate.

[BeauBrummie]

A quick note on the back of that as well he got a letter dated 29th April 08 and they have said that the letter dated 27 April 07 may have mislead him but they would review the appeal once the return had been recieved and processed. Which his when he then posted the return back. There seems to be some lack of communication and time between Sunderland and Harrogate.

 

Well that was my next post!! and the solution would seem to be to ask one or the other departments to get in touch with other one to get their stories straight. It will probably be difficult for you because of the DPA

but you cauld ask your partner to give his authority for you to speak to them on his behalf. Then it could be dealt with while he is away. Other than that in my experience for anybody reading this if HMRC send a tax return send it back in the due time, even if it is a nil return as they will issue fines nowadays at the drop of a hat.

 

BB

[lynski3053]

Thanks for that Brummie will do.

 

He is away till Friday so I will get him to call Harrogate then and also to give them permision to speak to me as well.

 

Cheers Hun.

 

I was going to write a letter ready for my partner to sign and photocopy all the letters etc. shall I still do this or just get my partner to call them on Friday.

[BeauBrummie]

Oh yes,

 

Its always better in writing !! Cant argue then can they

 

Good luck

 

BB

[lynski3053]

Thanks for all your help.

 

Cheers Hun