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Pensioner Tax overpayment

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Good AfternoonI would like to ask for a little help please.My 75 year old Grandfather recently received a letter requesting he pay back overpaid tax at approx £290.00 for the financial year 10/11. Now my Grandfather just wanted to pay it back without any hassle, but he did say that he thought when he gets his pension, they in turn inform HMRC of the payments and they deduct the appropriate tax.We fired off a quick letter to them stating that we didnt agree with the demand for payment as the reason stated above and they have come back with a letter basically saying, that yes they had received information from either my Grandfather or a third party (which I can only assume is his private pension provider) and they failed to act on it straight away or even they didnt act on it at all, but my Grandfather should reasonably have been expected to know that he was missing a married couple restriction.I can upload the letter,but will have to do so when I get in from work this afternoon, but to me this doesnt sound corret, as HMRC have clearly identified that they failed to act on onformation received.I did give HMRC a call yesterday, and they have said that the personal reply signed by one of theor officers is a standard letter which has me even more confused.If anyone could help, that would be great. RegardsDee

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Hello there. Have HMRC been asked to provide details of the calculations that arrived at this overpayment, or is there a letter that sets it out please? My best, HB


Illegitimi non carborundum

 

 

 

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Hello there. Have HMRC been asked to provide details of the calculations that arrived at this overpayment, or is there a letter that sets it out please? My best, HB

 

Hi

 

As far as I am aware it was an intial letter just stating that after checking records he was overpaid, no calculation was ever recieved.

 

I can double check with him and upload all letters,

 

Thanking u

Dee

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Hello there. Have HMRC been asked to provide details of the calculations that arrived at this overpayment, or is there a letter that sets it out please? My best, HB

 

Evening

 

I have attached the original calculation and HMRC's reply

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Evening

 

I have attached the original calculation and HMRC's reply

 

Can anybody give me some guidance please

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Hello there. Have HMRC been asked to provide details of the calculations that arrived at this overpayment, or is there a letter that sets it out please? My best, HB

Can anyone help please

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Hello again. I'm sorry you haven't had any replies yet.

 

I've flagged your thread to the site team to see if someone can help.

 

HB


Illegitimi non carborundum

 

 

 

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Hi

 

Unless I've missed something this doesn't look like being asked to repay an overpayment....it looks like a simple underpayment of tax for a year.

 

The figure of £7263 is, I assume, his private pension income from which no tax was deducted. This can easily be checked by referring to the P60 the pension provider would have sent out at the end of that tax year.

 

His state pension is also shown on the calculation sheet as are his personal allowances and adjustment for married persons.

 

So providing the private pension and state pension figures are correct then it would seem that the tax due for the year is correct. It is just that no tax has been deducted on a PAYE basis for the year through his private pension. Check his P60 to be sure.

 

You may like to approach HMRC and see if it can be paid off over a period of time by way of a tax code adjustment on his private pension.


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Hi

 

Unless I've missed something this doesn't look like being asked to repay an overpayment....it looks like a simple underpayment of tax for a year.

 

The figure of £7263 is, I assume, his private pension income from which no tax was deducted. This can easily be checked by referring to the P60 the pension provider would have sent out at the end of that tax year.

 

His state pension is also shown on the calculation sheet as are his personal allowances and adjustment for married persons.

 

So providing the private pension and state pension figures are correct then it would seem that the tax due for the year is correct. It is just that no tax has been deducted on a PAYE basis for the year through his private pension. Check his P60 to be sure.

 

You may like to approach HMRC and see if it can be paid off over a period of time by way of a tax code adjustment on his private pension.

Think ims is right, my separate pensions even though they are £27 and 2 x yearly ones are taxed at source tax people made sure of that, interesting?


:mad2::-x:jaw::sad:

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Hi Dee,

 

Did the pension of £7,263 only start being paid during the tax year ended 5th April 2011.

 

If not, when was it first paid to your GF.

 

Can you post up a copy of your GF's tax code notice for the year ended 5th April 2010.

 

What age was your GF on 5th April 2011.

 

I'm not yet sure if HMRC's explanation under "Reasons for this decision" is fair and answers from you should help us decide on this.

 

:wink:


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Hi Dee,

 

Did the pension of £7,263 only start being paid during the tax year ended 5th April 2011.

 

If not, when was it first paid to your GF.

 

 

Can you post up a copy of your GF's tax code notice for the year ended 5th April 2010.

 

What age was your GF on 5th April 2011.

 

I'm not yet sure if HMRC's explanation under "Reasons for this decision" is fair and answers from you should help us decide on this.

 

:wink:

 

Hi

 

No the pension was first paid in 2000 and has increased in line with the rate of inflation. It fluctuates by a couple of pound yearly

 

Hes found his p60 i will upload this by the morning and he was 75 on 5.4.11

 

He has to appeal or challenge the decision by 1:12;12

Thanks

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Hi Dee,

 

No need to post up the P60 if it shows pension of £7,263 and no tax paid.

 

I think the explanation given in their letter is poor, to say the least. I suggest you reply as follows:-

 

Dear sir or madam,

 

I refer to your letter of xxdate and disagree with the decision made therein.

 

You state :-

 

"We you cannot accept that you thought that your tax records were correct." - I had absolutely no reason to suspect that my tax records (do you mean my PAYE tax code) were wrong as nothing has changed apart from me being 75 years old during the year ended 5th April 2011. You had all the information required to correctly process my PAYE tax code, as in previous years.

 

"This is because the tax you owe was large enough for you to notice." - This statement really makes no sense.

 

I have been in receipt of this pension since the year 2000 so I have no idea why you, the tax experts, should get my PAYE tax code wrong.

 

Nor do I understand why you would imagine that I, a non tax expert pensioner, should somehow realise that you failed to use readily available information and get my PAYE tax code wrong.

 

You letter virtually accuses me of lying which I deeply resent.

 

I would like this matter reviewed by a senior officer who is capable of writing a properly-worded reply which makes sense.

 

In essence, I require to know why my simple tax affairs have been mis-managed with the result that I should be required to pay over £230 from my limited funds when the error arose entirely from HMRC's failings.

 

Yours faithfully,

 

:-D

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