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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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First of all I live in France,

I had a telephone call today from the inland revenue asking for £55,000.00. They say I owe this from years ago roughly about six.

I was a sole trader and my business,assets and all were taken over by a Limited company. The ltd company took over all the tax and VAT Liability's of the sole trader.

 

The Vat Office accept that the ltd company which went bust took over but now that the ltd company has gone bust the Tax say they never accepted the transfer so I Personally owe this debt.

 

The chappy on the phone told me that if I did not pay this then they would pass it on to the French Tax to collect.

 

Well what can I say but HELP !

 

If I can give you any more info I will if it helps to resolve this.

Please bear in mind just because I live in france I am loaded this is not the case and we live pretty much hand to mouth. And I do not have that sort of money or anywhere near it

 

Thanks in advance

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Thanks Oldshep,

 

I have had a look at the site, but I am quite a thicky really and can't make head nor tail of it.

 

This is about a Ltd company who never paid all there paye for the employee's, And now the inland revenue say I owe it all

 

But thanks

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it seems a little odd to me - if you were a sole trader did you have any employees? It just smacks a little wrong. The tax office generally don't phone you to chase arrears- they send nasty, to the point letters. I don't know about their recoveries unit though.

 

I think for a first step I'd write to the IR asking them to clarify the situation. I almost think somebody's trying to con £55k out of you

I'd be a bit careful with this one - there as a degree of presumption that the IR is right in the court system that isn't there for say a credit card.

 

Cheers

 

Hugh

Edited by boyfalldown
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it seems a little odd to me - if you were a sole trader did you have any employees?

 

Yes, you can have employees.

 

I was a sole trader and my business,assets and all were taken over by a Limited company. The ltd company took over all the tax and VAT Liability's of the sole trader.

 

 

I don't understand this sentence,did you sell your business as a going concern?

 

When the Ltd Co. took over did you finalise your accounts?

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I'd be a bit careful with this one - there as a degree of presumption that the IR is right in the court system that isn't there for say a credit card.

 

 

and some boyfalldown. CPR and The Taxes Management Act 1970 both contain provision that a debt claimable as being due as income tax is subject to Crown Prejudice and that a Judge must uphold any amount entered upon a certificate of debt signed by an officer of HMRC as being due unless provable otherwise.

 

Unfortunately proving otherwise is extremely difficult.

Next friday I have an appointment with my MP as I am moving my case with HMRC to Parliamentary level.

The dispute has been running for 9 years, a CCJ for £15k was entered against me on a COD 3 years ago. HMRC have actually refunded me for overpayments of income tax for the years in question. Yes that's right OVERPAYMENT!!!!

Almost anything other than Class 2 NIC's and the taxman can claim Crown Prejudice in a County Court and gain enforcement.

 

Now if you look at what I've written you'll see that I have a 3 year old CCJ for a 'debt' for the tax year 1998-1999.

 

HMRC are also subject to statute barring of debts [out of time is the term they use] so they tend to get very litigious just before the 6 year period approaches. This can include harassment phone calls, personal visits at unexpected times (like Christmas eve) and some very nasty demands and threats. You need to be alert to the fact that they will very pro-actively seek enforcement prior to any alleged debt becoming statute barred. (VAT would have had a problem in this respect as timescale is much shorter hence they wouldn't be bothered LTd Co went bust years ago as I think they only get 2 years anyway).

 

Now from the information you have supplied I must admit to being royally confused.

 

You state you were a sole trader.

The thread title implies this is a PAYE (Schedule D) liability.

You state a LTD co took over from you.

 

There is much we need to know if we can help you in this matter.

 

I'll try and prioritise matters as I've an awful lot of questions for you but everything I ask is extremely relevant to your case.

They can be defeated if the facts are in your favour, trust me but it is not easy at all.

 

First things first, don't worry if you cannot answer all the questions but the more the better.

 

1) Did you complete and submit an income tax return for the year in question?

 

2) Which tax year(s) is the liability for?

 

3) Was any income tax outstanding when you moved to France?

 

4) Have daily penalties and surcharges been applied to this account via application to the commisioners?

 

5) Has the initial tax liability been calculated as the result of a self assesment return you submitted yourself or by a determination made by an officer of HMRC?

 

6) Does the amount claimed contain different types of earnings/income eg. under PAYE, CIS25,CGT, Cor tax, regular self employment earnings?

 

7) Have HMRC issued Court proceedings/ gained judgment against you?

 

8) Is the contact from your old regular tax office or one you haven't heard of such as 'HMRC Debt management and Banking , Shipley or Coventry?

 

9) Are letters sent from 'collections' or 'enforcement' ?

 

10) Have you formally denied liability?

 

11) Do you have a single point of contact or are you subject to the normal 'musical offices'?

 

 

Answering the above should help considerably in assessing exactly where you are and some way towards working out why you're there in the great HMRC system.

 

Obvious other questions are:

 

a) When Ltd took over did this involve you selling the business?

 

b) If so were any gains made/declared?

 

c) Has this transfer been accounted for on any tax return you have submitted?

 

 

Sorry for all the questions but tax is a hugely complicated process and HMRC have some powerful friends amongst the lawmakers.

 

I'll see what you come back with then I'm afraid there'll probably be another raft of questions befor I can even begin to look at assessing and suggesting a route to take.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Ok

I started a business as a sole trader running two small 35 seat buses the type you run around town, After a while i was advised to sell my business to a Ltd company , Which my self and my wife(Partner) were directors.

 

My accountant at the time said he would sort out the paperwork and it was done.

 

When I was a sole trader I employed 4 staff, Before the Ltd company went down it had 40 staff and fifty vehicles.

 

Unfortunately I am a Mechanic and not really a business person so relied on my wife and the accountant to basicly run everything whilst I repaired vehicles.

 

At a later date the Ltd company closed and as far as I was aware all the tax and the PAYE was upto date.

 

I spoke to this man from the revenue and he said the paye was not taken over from me as a sole trader as far as they were concerned, But I have spoken to the VAT Office and the LTD Company was, It also had the same VAT No as me when I was a sole trader. And now there records show that it is the Ltd company, So I presume the accountant did what he said he had done and transfered everything to the Ltd Company

 

Yes I sold my business to the Ltd Company.

 

I am sorry but it all confuses me as you can probably tell by my responses

But I will try to give as much info as possible

 

Thanks

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Toulose LeDebt

 

1) Did you complete and submit an income tax return for the year in question?

I Honestly Do Not Know

 

2) Which tax year(s) is the liability for?

I am going to have to find out by phoning him back

 

3) Was any income tax outstanding when you moved to France?

I presume it was

 

4) Have daily penalties and surcharges been applied to this account via application to the commisioners?

I will have to find out

 

5) Has the initial tax liability been calculated as the result of a self assesment return you submitted yourself or by a determination made by an officer of HMRC?

I have not filled in a self assement,

I am going to have to find out

 

6) Does the amount claimed contain different types of earnings/income eg. under PAYE, CIS25,CGT, Cor tax, regular self employment earnings?

Ditto

 

7) Have HMRC issued Court proceedings/ gained judgment against you?

No. Because he said they could take me to court

 

8) Is the contact from your old regular tax office or one you haven't heard of such as 'HMRC Debt management and Banking , Shipley or Coventry?

No it was somewhere down south I think, The phone No is a 0870 No

 

9) Are letters sent from 'collections' or 'enforcement' ?

I have had no letters from the UK and my mail is re directed from the UK to France

 

10) Have you formally denied liability?

No I have'nt

 

11) Do you have a single point of contact or are you subject to the normal 'musical offices'?

I have a Name and a contact No

He said I had to contact him within a week

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That was quick cheers!!

 

What type of timescale are we looking at for the following?

 

sale of company to Ltd in year 200*

years ltd was run succesfully 200* - 200*

years ltd dissolved 200*

 

 

Also I'm guessing as you state PAYE that the debt relates to PAYE/NIC's in respect of your employees whilst a sole trader?

 

You could really do with getting in touch with your accountants at the time, is this possible?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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sale of company to Ltd in year 2003

years ltd was run succesfully 2003 - 2004

years ltd dissolved 2004

 

I am guessing at these years. I might be a little out.

 

I had major problems with my partner with the business

 

If it is possible to e-mail or private message you I can send you a link to a news paper article that will explain a lot

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:cool: Is the contact from your old regular tax office or one you haven't heard of such as 'HMRC Debt management and Banking , Shipley or Coventry?

No it was somewhere down south I think, The phone No is a 0870 No

 

 

I am suspicious of the telephone number. Did they supply an 0870 number with an extension to direct dial? Not being funny here Homer but HMRC public numbers tend to be 0845 lo-call numbers and I would expect HMRC to give someone in your 'predicament' a standard std direct dial number. (They all have them they just dont post them on the internet etc).

 

 

 

Can you please google the telephone number they have given you and see where it leads?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I have tried to phone the No and I know they will be shut but there is no reply

I expected an answer machine to say what department it is etc

 

 

I will telephone them in the morning and ask them what periods they say I owe and for what and also for them to send me any info they can

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Hi,

I am sorry I was mistaken with the No

It is 0044 1274 204714

 

and he gave me a ref :- 106 P*** ***

 

 

Can i contact you by mail or PM

 

 

That makes more sense now it's the delightful yet in my instance remarkably uncommunicative Mrs W's office Debt Management and Banking Shipley (near Bradford) West Yorkshire. Dear, dear friends of mine who hide in the stationery cupoard when I call now. And all I want to do is pass on a few words of thanks to said Mrs W. for sitting on my files for two years before having to act so quickly that she inadvertantly typed the phrase 'We accept that ultimately no debt existed' into HMRC's final response prior to a Commisioners hearing. A hearing which involved HMRC halting proceedings three times in an attempt to lure me into accepting an offer of settlement in light of my producing this admission and the commisioners refusing to accept it as being nothing more than a poor choice of words.:D:D:D

 

Nasty people to deal with on the whole though. very much at the top of the HMRC food chain but not particularly clever with it.

 

Seriously though it's not good if it's with them rather than a local office.

 

I'd love to see the newspaper article and have pm'ed you. I'm very interested in the exact dates as income tax year 2002-2003 went out of date on 31st Jan 2009 for non sec 36 cases (fraudulent/negligent).

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I have mailed you a link to your e-mail account

 

If you do not get it I will send it by PM

 

So do you have any advice for me regarding the people you know so well

 

And this is a Mr D***L I suspect from his name his parents are not from british soil, But that is only my perception of his surname

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I have mailed you a link to your e-mail account

 

If you do not get it I will send it by PM

 

So do you have any advice for me regarding the people you know so well

 

And this is a Mr D***L I suspect from his name his parents are not from british soil, But that is only my perception of his surname

 

Okay BigHomer I got the link. Unfortunately the period is still not yet time barred so they have until 31st Jan 2010 to raise a determination against you if this has not already been done. There are a few issues to take on board so I'll have to get back to you tomorrow.

 

Bit of good news is that the 'phone number you have is actually for a regular HMRC office not the dreaded Victoria st outfit. My contacts are on an 01274 539*** direct dial number, the first 3 digits identify the office.

It's likely that the case is still at collections stage rather than enforcement but I agree with your sentiment and worry that they might Sec36 TMA 1970 it in the circumstances which gives them 20 years to seek revenge whoops I meant enforcement.

 

PS if you could provide HMRC with a fax number (bureau preferred) that you can access in France you should do so and try to get them to send written explanation. They're quite good with faxes but only one or two trusted HMRC officers are permitted to do external email.

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You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Ok Bed now and I will keep my eye on this thread for some glimmer of hope,

 

Should I contact them at all and ask for anything or just leave it till you come back tomorrow

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Ok Bed now and I will keep my eye on this thread for some glimmer of hope,

 

Should I contact them at all and ask for anything or just leave it till you come back tomorrow

 

 

Oh yes contact them, ideally give them an address or fax number and request full written explanation regarding how this liability has been calculated and copies of any letters they may have sent you in this matter.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Hi,

I have just spoke to the HMRC It is the recovery section that deals with people who do not have a UK address,

 

He has after a lot of persuading agreed to send me a breakdown of this debt, Also the dates they refer to. He says he does not have copies of letters or the file to send any copies of anything else.

 

It will take three days to arrive with me if they post today (Friday) it might arrive by wednesday next.

 

the tax year involved is 2002 to 2003 I think

I hope he will confirm this

 

Bighomer

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Okay well done.

 

In my experience nothing happens quickly with HMRC (been waiting 7 years for documents to be provided for my case). Not surprised they don't have copies they are an utter shambles.

 

Can do nothing until we know what it's for and how it's claimed etc.

 

Suggest you make a DPA 1998 request and get as much info as you can from them.

 

HMRC are really crap at these things and take ages so get the request in asap.

 

You can do that from here

 

Sounds like since they have yet to get this into Court you might well be able to get this stopped at the Commisioners hearing stage. I have learnt from bitter personal experience to seize the initiative with these people who will bluster and delay you in one office whilst another office is preparing and presenting litigation against you.

 

As soon as we can see what it's all about we can see what action is available to you as a defence. Much depends upon whether it was a determination under Sec 28C TMA 1970 and whether the correct paperwork has been served upon you and if so when this all happened.

 

Until the paperwork arrives there's nothing we can do.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Hi,

I now have a reply from the HMRC I don't have a scanner to scan the letter in but there is no mention of any regulation they are asking for this money.

 

they say

 

Dear Mr.......Bighomer

 

self assesment tax return(s) outstanding for 2001-02, 2002-03, 2003-04

 

Paye underpayment £54607.77 for the period 5th April 2002 - 5th April 2003

 

Class 2 NIC £358.80 outstanding for the year ending 5th April 2001, 5th April 2002 & 5th April 2003

 

please send me your overdue Tax Returns and payment now or contact me immediately

 

I will estimate the tax you owe and issued a revenue determination for each year a self assessment tax return is outstanding. There is no right of appeal against a revenue determination. The amount of revenue determination can only be amended when I recieve your tax returns. I may also impose dailey penalties of upto £60 per day

 

You will have 30 days from the date to pay any amount outstanding and send me your overdue returns

 

If you do not pay I will ask the tax authorities in France to collect payment using their usual National debt Recovery procedures. This means you will have to comunicate with them about this debt.

 

Interest will be added to all tax paid late and surcharges may be due

 

yours sicerely

 

debt management officer

 

Now the NIC I know I have paid last october to keep my pension upto date etc

 

Self assessment 2003 - 2004 I know I have filed the others I don't know and could not fill one in now as I could not tell anyone what I earnt or expenditure.,

 

I will wait for your reply...Toulose LeDebt

thanks

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Okay well done Bighomer now we've got something to work with.

 

All legal refs refer to The Income Tax Management Act 1970

 

First point to make is this:

 

Tax years 2001-02 and 2002-03 are now 'Time Barred' This works both ways.

 

If you complete your assesment and send it in HMRC are unable to process it as it has literally dropped off the end of their accounting system. So if you were owed a tax rebate for that year forget it it'stoo late. On the other hand if you owed them since the year is 'Time Barred' they would still have difficulty even processing the returns for the year in question. More on that later.

 

The only thing with 'Time Barring' is if they claim 'fraud or 'negligence' under Sec 36 TMA 1970. They would of course need grounds forsuch fraud or negligence, failing to provide a tax return in itself isn't likely to be construed as 'negligence' and tbh this clause is not applied in many instances that I'm aware of.

 

What they'll be looking to do is to make a determination under Sec 28C TMA 1970 which reads thus:

 

28C Determination of tax where no return delivered

28C(1) This section applies where–

(a) a notice has been given to any person under section 8 or 8A of this Act (the relevant section),

and

(b) the required return is not delivered on or before the filing date.

28C(1A) An officer of the Board may make a determination of the following amounts, to the best

of his information and belief, namely–

(a) the amounts in which the person who should have made the return is chargeable to income

tax and capital gains tax for the year of assessment; and

(b) the amount which is payable by him by way of income tax for that year;

and subsection (1AA) of section 8 or, as the case may be, section 8A of this Act applies for the

purposes of this subsection as it applies for the purposes of subsection (1) of that section.

28C(2) Notice of any determination under this section shall be served on the person in respect of

whom it is made and shall state the date on which it is issued.

28C(3) Until such time (if any) as it is superseded by a self-assessment made under section 9 of

this Act (whether by the taxpayer or an officer of the Board) on the basis of information contained

in a return under the relevant section, a determination under this section shall have effect for the

purposes of Parts VA, VI, IX and XI of this Act as if it were such a self-assessment.

28C(4) Where–

(a) proceedings have been commenced for the recovery of any tax charged by a determination

under this section; and

(b) before those proceedings are concluded, the determination is superseded by such a selfassessment

as is mentioned in subsection (3) above,

those proceedings may be continued as if they were proceedings for the recovery of so much of the

tax charged by the self-assessment as is due and payable and has not been paid.

 

Now if we look in detail 28C (1)(a) They will claim this letter you received constitutes such notice.

 

They will make a determination.

 

Before this they will aplly to the Commisioners for daily penalties and they'll add surcharges (a %age) to the determined amount too.

 

Now in your favour is the following:

 

28C(5) No determination under this section, and no self-assessment superseding such a

determination, shall be made otherwise than–

(a) before the end of the period of five years beginning with the filing date; or

TMA 1970, s. 28D Pt. IV 60

(b) in the case of such a self-assessment, before the end of the period of twelve months

beginning with the date of the determination.

 

 

This is where the time barring comes in. You cannot supercede a determination by filing a tax return for either 02 or 03 tax years since they are time barred.

On the other hand 28C(5)(a) states that the determination has to be made "before the end of the period of five years beginning with the filing date".

 

Now the filing date for the tax year 2002-2003 was 31st January 2004.

 

Do the maths. 04,05,06,07,08,09 that means that the five year period after the filing date for the tax year 2002-2003 expired on the 31st January 2009.(Obviously 02 expired a year earlier than that.

 

This of course is good news as the money they're chasing you for appears linked to tax year 02-03.(I'm guessing the 04 year comes under the rather complicated business arrangement you made me aware of.

 

Time barring will not neccesarily in itself stop an officer of HMRC making determinations and applying for penalties/ enforcement.

 

The really good news for you is that the determinations clearly have not been made yet and any attempt to make a determination against you for tax year 2002-03 or earlier should be challengeable upon appeal to The Commisioners.

 

34 Ordinary time limit of six years

34(1) Subject to the following provisions of this Act, and to any other provisions of the Taxes

Acts allowing a longer period in any particular class of case, an assessment to income tax or capital

gains tax may be made at any time not later than five years after the 31st January next following the

year of assessment to which it relates.

 

34(2) An objection to the making of any assessment on the ground that the time limit for making

it has expired shall only be made on an appeal against the assessment.

 

The appeal against the assesment will be made to the Commisioners in the event they do continue and raise a determination(s) against you.

Basic grounds for an appeal that I can see is that any determination made after 31st January 2009 for income tax years 2002and 2003 were made contrary to the requirements of 28C(5)(a) TMA 1970.

 

My honest opinion to you is that HMRC are bluffing here. They know full well that the years in question are out of time. They are foolish to even ask for your returns for these years because there is nothing they can do with them anyway.

 

I suggest for now you reply along the lines of

 

Sir.

 

You allege a large sum of money is owed yourselves in respect of PAYE liability for the income tax year 2002-2003 I deny this liability.

I admit to being surprised to hear your claim as I understood my accountant had dealt with these matters some years ago.

 

Might I alsodraw your attention to Section34(1) Of The Income Tax managemnet Act 1970 which reads thus:

 

34 Ordinary time limit of six years

34(1) Subject to the following provisions of this Act, and to any other provisions of the Taxes Acts allowing a longer period in any particular class of case, an assessment to income tax or capital gains tax may be made at any time not later than five years after the 31st January next following the year of assessment to which it relates.

 

It would appear that the income tax year 2002-2003 became 'Time Barred' on the 31st of January 2009, the 2002 tax year became 'Time Barred' on the 31st January 2008.

In the circumstances I acknowledge receipt of your letter dated **/**/**** in which you make reference to the fact that I should furnish you with copies of Self Assessment tax returns for these two years and advise you that this would be a fruitless exercise since you would be unable to process them due to them being 'Time Barred'.

I also note your intention within this letter of **/**/**** to apply for daily penalties and raise a determination against myself in respect of these years.

Presumably any determination raised against myself would be in accordance with the Laws of the United Kingdom, not least the Income Taxes Management Act 1970, and I would expect any determination raised against myself to be raised in accordance with Section 28C of the TMA 1970.

I draw your attention to section 28C(5)(a) which reads:

 

28C(5) No determination under this section, and no self-assessment superseding such a

determination, shall be made otherwise than–

(a) before the end of the period of five years beginning with the filing date;

 

I also serve you notice that since this letter constitutes claim by myself that any determination made under Sec 28C TMA 1970 in respect of the income tax years 2001-2002 and 2002-2003 would be in breach of Sec 28C (5)(a) of this Act that it would also be in breach of the overriding principle set out in 28C(1A) of this Act That:

 

28C(1A) An officer of the Board may make a determination of the following amounts, to the best

of his information and belief,

 

In the event of an officer of HMRC making determinations against myself in respect of income tax year 2001-2002 and/or 2002-2003 I serve you notice that I shall immmediately lodge appeal against any such determination on the grounds but not neccesarily solely restricted to any such determination being raised against me being made 'out of time', such appeal will be made pursuant to Sec 34(2) TMA 1970 in so far as it will be included as part of an appeal against the assessment itself.

 

I do not expect you to approach the Commisioners for permission to apply daily penalties in instances where the year in question is time barred.

 

I notice you state there is no right of appeal against a revenue determination, I am of the belief that this statement is not 100% factually accurate and that such right of appeal does exist in instances where the determination is made unlawfully.

 

I was not aware that you were not in receipt of a self assessment tax return for the other tax year in question that of 2003-2004. I acknowledge this fact and make no claim that this year is 'Time Barred.

You are undoubtedly aware of the hugely complex financial circumstances surrounding this year. I was of the belief that the accountant had duly furnished HMRC with the neccesary information. I shall make enquiries into this matter of great concern and will attempt to contact those involved withthe finances of that company. I am not confident that due to the number of authorities who have accessed books and accounting documents in respect of that company this will be an easy task to undertake and some element of estimation might need incorporated in any return I might make although obviously this will be done inaccordance with the relevany statutes if proven neccesary.

 

I also notice you seek enforcement through the French tax-paying system.

 

I have passed this matter on to an expert in such matters for further clarification. Obviously I will not expect you to seek any international warrant or Court enforcement action of any type on any time barred alleged liability without yourselves following due process.

Edited by Toulose LeDebt
  • Haha 1

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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PS. Class 2 NIC's do not count as 'tax' for the purpose of collection. (It makes a difference as they cannot claim Crown Prejudice on Class 2's).;)

 

(Class 1, class 1 secondary and class 4 do.)

 

If the class 2 NIC's were subject to say a 'dispute' this is something which CANNOT be dealt with in a Court.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Hi,

I think it is a cut and paste job for my letter of reply, And thank you very much

 

I have requested info from that link data protection etc

 

My Nic's are upto date I paid them last October as they affected my pension status even though I am only 47

 

I will send the letter Recommende (Signed for) and will be posted in the morning. We will see how quick they respond to it.

 

Thanks

 

Bighomer

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Good but please don't think for one minute this is going to get HMRC out your life. It's a 'get stuffed' letter regarding the Self Assessment tax returns not much more. Next is to establish exactly how they arrived at that huge sum for the PAYE liability and what can be done to tackle that.

 

It does seem a large liability if you only had two employees. I suggest you write to them seperately asking for a breakdown of how exactly this sum was calculated and under what authority/legislation it is being claimed.

 

(We need to know if it's a guesstimation for starters).

 

Is there a chance that your 'accountant' at the time was not forwarding on payments to HMRC that were made by you? It seems a lot of money not to know about that's one likely explanation the other is that it's a very poor guess by HMRC.

 

What exactly was your status I've got you down as sole trader operating a PAYE system for a couple of employees.

Do banking records exist for this period?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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