Being charged y HMRC as employer paid incorrect tax!

[shortwoman68]

I am making this query on behalf of my daughter in law.

 

 

She is currently employed however she received a letter from the tax office stating that she had paid incorrect tax for the year 2012-2013.

 

 

She informed the tax office that she was employed and therefore had no input into the amount of tax she was paying as this was done by her employers.

 

 

They requested that she send in her P60 and 2 payslips which she did and they informed her that it should be sorted out.

 

 

Later she was sent a letter stating that she needed to complete a Self-Assessment form which she has never completed before and due to this she returned it late and they have sent her a penalty notice.

 

I am a bit confused as she is as it would be her employers fault that they were not paying enough tax on her behalf not her so how is she being penalised for this and is there anything she can do.

 

Currently she has been sent a letter which states 'Appeal against the penalties for sending in your 2012 to 2013 Self Assessment tax return late'. This is dated 30th September 2016. She has until 30th October 2016 to respond to this.

 

Any help would be appreciated.

[martin2006]

So where was she working between april 12 and april 13?

 

Did she also have 2nd s/e job?

[sillygirl1]

She needs to set the appeal process going, and confirm back to HMRC her exact position in 2012-2013. She also must NEVER send original documents to them, only copies of documents as they 'loose' them or damage them.

 

She can, if needed get the company to confirm to HMRC what they paid her.

[shortwoman68]

She was working as a nursery nurse and is currently at the same place. This is her only job. I will ask her to get a letter from her employers to confirm what she was paid but would this not be on her P60 as this is what HMRC requested previously.

[martin2006]

Then as suggested you need to begin the appeal process, a good tip would be to fill in a free online SAR for HMRC with specifically data pertaining to the year in question.

Match this info to data from her employer

[shortwoman68]

OK I will let her know. Many thanks

[shortwoman68]

Thanks for the information however I notice that with the SAR the HMRC have up to 40 days to respond but she needs to put in her appeal by 30th October. I don't know if they would send it in time but will get this done.

[martin2006]

You can ask HMRC to extend the dealine to appeal whilst you await the info from her employer and via the SAR

[shortwoman68]

Thats a point, thank you

[sillygirl1]

Include a copy of the SAR with the appeal.

[shortwoman68]

Thank you all for this information however despite sending off a SARs request on 7th October, she has not received any information she has requested. However she received a telephone call from a debt collector stating that they were acting on the behalf of HMRC and as she was worried she agreed to payments of £155.12 per month starting from 26th December which she can ill afford. Confirmation of this agreement was sent to her in a letter dated 15th November 2016. This letter states that she owes HMRC £1861.40 despite the fact that she has never been self-employed or had a second job.

 

Then on 16th November she received a letter from HMRC saying 'Thank you for your recent Self Assessment payment which you paid by check sent through the post'. This letter goes on to outline the many ways in which should could pay eg. Bacs, CHAPs, online etc. This is very coincidental considering this was the deadline date for the SARs.

 

My daughter-in-law has never made a payment to HMRC so this is all very confusing.

 

Advice please:???:

Edited December 5, 2016 by shortwoman68
Information missed out

[ericsbrother]

why? Advice was given about what to do and now she has agreed to pay money to someone who has nothing to do with this. She should stop the payments and cancel any dd set up to pay it. Have they cancelled the SA penalty yet? if not then she should appeal that as well as she wouldnt have been a person who would need to complete one( that may not be true if she received benefits that are taxable but not taxed when given to her). If HMRC have made a mistake with her tax 4 years ago there is an appeal you can use to get the amount due written off as it is their fault.

[shortwoman68]

She followed the advice regarding the SAR's however was awaiting information from her employer and requested an extension. She did not receive a response to this letter and has yet to receive the information requested under SARs. She only received a telephone call regarding payment and she will be cancelling their direct debit and a letter saying thank you for the Self-Assessment cheque which she has no knowledge about. They have not stated that they have cancelled the SA penalty and yes the Self Assessment form does not apply to her but she was told she had to complete it for some reason. As stated she has been employed by the same employer for over 6 years and has never been self-employed. Therefore, I dont know where she needs to go from here.

[shortwoman68]

Please could someone reply to my question above. Should my daughter-in-law follow-up the SARs as they have not responded and what should she do about the letter she has received saying 'thank you for your cheque' which she has no knowledge about?

[ericsbrother]

this is all because she agreed to pay the debt collector when the advice was do nothing until getting the result of the SAR. Get her to cancel any payment authority with immediate effect.

[shortwoman68]

Thank you for your reply but I don't think that agreeing to pay a debt collector and receiving a letter stating thank you for the cheque which she has no knowledge of has any connection. She agreed to pay as she has never been in debt and their tack ticks frightened her so she agreed but has since cancelled this. As she has received a letter stating that it has been paid from HMRC but not received anything regarding the SARs I think that she should not do anything for now unless chase the SARs as she has already paid for this information.

[ericsbrother]

the dca works for HMRC, it is not a stand alone. They forward the money so presumably when the payment plan was agreed they forwarded this info and an automated response was sent out.

Also HMRC are rubbish at communicating anything properly.