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HMRC - Late SA Penalty Charges - How to Appeal


Devonchick
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Hi,

 

About 4 years ago now my husband got a new job which paid a decent salary.

 

A couple of months ago someone in the wages dept of his works said to him about his tax code seemed odd and he ought to call and check it was correct.

 

He did so and apparently he has been fined for not filing self assessments for this job - he didn't realise he had to and no-one at work mentioned it.

 

Anyway i filed all outstanding returns for him which is basically just giving HMRC the info they have already provided to him on the P60's!?!? why.....

 

Anyway he gets confirmation back all filed and then a breakdown of what he owes (all charges - no tax) which comes to almost 6K! then he gets confirmation he is getting a tax refund back of £1900!? This amount has just been paid into his account and HMRC have said he has until 2nd week in November to pay all charges.

 

What is the best way of challenging this as he has spoken to about half a dozen different people at HMRC who all said basically tough!!

 

Thanks in advance.

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Was he self-employed before taking up this job? Does he have other income which would require a SA tax return? If not then they are just plain stupid and that is easily challenged. they will ahve to prove they sent out the SA tax return forms each year. However, you action filling out and returning a form has probably saved their bacon whe it comes to the success of a high level complaint.

It is something you will now have to take up with your MP and persuade them to taek this to the minister concerned and trya nd force the Govt ombusdman to get involved.

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he has never been self-employed and he doesn't have any other income/salary - apparently because he earned over a certain amount he had to start filing returns which i find absolutely ridiculous! you are just giving info to HMRC that that they have already given to you - i mean how stupid and unnecessary is that - unless i am missing something :(

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Did he receive any SA returns from HMRC?

Then any notifications of a penalty for not returning the forms?.

 

What year(s) is/ are involved?.

 

If he can truthfully say that he never received the SA forms and no reminders / notification of penalties, then he might appeal, but:

If HMRC are to believe this, they'll consider how many letters from HMRC he is going to be saying he didn't receive ........ almost £6000 of penalties / interest on penalties suggests that

a) this has been going on a while,

b) relating to a number of tax years.

 

Did he really not receive a single return or notification of penalty?.

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he has never been self-employed and he doesn't have any other income/salary - apparently because he earned over a certain amount he had to start filing returns which i find absolutely ridiculous! you are just giving info to HMRC that that they have already given to you - i mean how stupid and unnecessary is that - unless i am missing something :(

 

You are missing something : that people with higher incomes may well have other income (interest / dividends) that they need to declare.

The SA return is an opportunity to inform HMRC that you have no other taxable income.

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I had the same issue over multiple years. Penalties and interest for non return of SA forms after returning to employment from self employed - I had to SAR the revenue as I disposed of letters older than 6 years. In the pack was copy of letter from them in 2004 stating that I no longer had to fill in SA forms. Despite this I had to fill in 2004 to 2013, of which the first 5 years were out of time. It was only after contacting my local MP, and onwards Lin Horner, that 15k of penalties were removed, as no tax was due for that period. I may add that HMRC never contacted about the debt, despite having my address via PAYE. It was a DCA that contacted me!

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