HMRC Wanting money my partner doesnt owe help please - we live in NIreland :)

[tezza1234]

I like 1 of the comments by OP, something like he doesnt think he owes it but even if he does we are on benefits,

 

Does your OH not know what he earnt,

he obv didnt keep some aside for tax bill, assuming any is owed.

 

How long was your OH self employed for before work dried up.

 

How much did he earn in that time.

 

Did he complete a self assessment either online or paper.

[BazzaS]

Hello

 

So sorry i hadnt replied iv been in and out of hospital and just been very stressed in general.

 

He contacted them again just now and explained it all over again,

 

I told my partner what you had said and he said to the guy on the phone about collections and assesment and he advised the following

 

He said that the letter was automated and to ignore it, that he (my partner)was in consultation with hmrc and all the relevent forma he needs to fill out and send back are on there way to him, these being self assesment forms for the years needed, and they may take up to 14 days.

 

He further apploigised for the streas caused and the lack of communication that had been left on the system as their was limted info on the previous attempts to sort this.

 

He needs to fill out the SA's and return them to proove that he is on benefit and the issue should sort itself out.

 

Im sorry if thats very brief and i get myself into a tizzy as i get stressed very easily.

 

Yes the derterminations were on the non return of SA basis, amongst interest etc

 

Good that my previous advice is relevant (it is for failure to complete SA returns and resultant 'determinations')

 

There is communication between "assessment" and "collections", but mostly it is that collections can see assesment's notes.

If the person your husband spoke to was concentrating on getting the SA returns back, it is likely he was on the "compliance" / "assesment" side : "collections" don't send those out. However, the phone number listed on a letter discussing 'distraint' is likely from "collections" or one if the 'field' teams.

 

If he spoke with 'assesment' you'd be wise to also contact collections and get them to agree a "hold" on collection activity. If you can agree a "hold" and a review date with them you'll have peace of mind.

 

If you then start to get the returns back to them, collections will be able to see this if you call up on any review dates agreed. See my previous advice for which returns to concentrate on regarding timescales. Once the ones with greatest accruing penalties are dealt with, followed by any which are likely to be beyond amendment (due to a six-year cut off) are dealt with go with the earliest first, unless there is one that has the largest 'determination'.

 

This will then keep "collections" content as they see any figure "owed" decreasing : you can then agree continued "hold"s as you get more returns back.

 

Expect to still have to pay penalties for late filing even if no tax is owed.

 

http://www.hmrc.gov.uk/sa/deadlines-penalties.htm#3

 

Length of delay Penalty you will have to pay

1 day late A penalty of £100. This applies even if you have no tax to pay

or have paid the tax you owe.

3 months late £10 for each following day - up to a 90 day maximum of £900.

This is as well as the fixed penalty above.

6 months late £300 or 5% of the tax due, whichever is the higher. This is as

well as the penalties above.

12 months late £300 or 5% of the tax due, whichever is the higher.

 

In serious cases you may be asked to pay up to 100% of the tax due instead.

These are as well as the penalties above.

[End QUOTE]

 

These are penalties for late filing, and independant of tax owed : so (even) with no tax owed the sums are:

1 day late, £100

90 days late, £1000

6 months late, £1300.

 

With tax owed, the late filing penalty sums remain the same, unless the tax owed is more than £6000, (where 5% will be greater than £300), while there is a distinct interest charge on late tax of 3% per annum, as well as penalty charges on the late tax, as well as the late filing penalties

 

These increased penalties started in the 2011/12 tax year.

[wiseajak]

Tezza i dont appreciate that comment. Yes we are on benefits and if he is liable then he will pay whe can each month no questions weve been trough the mill as of late and its been stressfull.

Bazza yes it appears u was on the money there i really do appreciate your advice i will get him to ring the other dept and arrange a hold on the collection.

 

There arnt any penatltie on the bill as there is a breakdown on the back of interest and tax but no penatlies as such.

[wiseajak]

As far as knowing wht he eant whilst self employed i dont know as thiswas years ago before he even knew me.

[wiseajak]

Ok im back.... Help please on thread above plus this...

 

 

My bf got another letter in responce to tax returns he filled in

they told him that as hed been on benefits he had to fill in the missed years tax returns and that would wipe the debt

.... I thought it sounded fishy....

 

the reply on the letter was because they are late and after a certain date the determination will remain in force minus penatlys that have been cancelled.

 

So because he was lax a daisy he has to pay something he doesnt owe but because its late they want it anyway.

 

Im worried because im scared of losing my property,

 

theres no way me or him can afford what they are demanding just over £3k

 

... Its in his name but im worries they will send people round and take my belongings .

 

Everything in the house we live in is mine except some tools which he would use for employment when he has it.

 

Iv lost everything before when i was younger thanks to my mother

and im scared if losing it again plus the fact im pregnant just had an operation for cancer

and i have bad depression i really can deal with it all.

 

His answer is to bury his head in the sand and leave it but it panics me.

 

What can i do??

 

We live in northern ireland so i dont know if rules are differnet here as in england.

 

Can they take my things and my babys!?

 

 

Please help!!!

[dx100uk]

no they cannot take anything not belonging to HIM

 

and his tools are exempt IF IF IF it EVER came to that!!

 

they'd have to goto court FIRST too.

 

then he'd have to have refused to pay the court

 

then they COULD involved bailiffs

not some no-powers DCA

 

dx

[wiseajak]

Thank u thats a great relief but woudnt i have to prove that items are mine ?

If so how would i go about it? As im assuming there

Not going to just take my word for it.

[dx100uk]

prob via a sworn statutory declaration.

 

dx

[wiseajak]

Ok thank u Dx.

 

Do they cost much? Im on Esa at the moment.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?403730-help-with-collectia-bailiff-and-threat-to-come-back-and-seize-goods&p=4349699&highlight=statutory+declaration#post4349699

 

always useful to read around

 

I've found the above

 

HTH

 

dx