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Sally11

Marriage Allowance

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I applied for the Marriage allowance for tax year 2016/17 so my husband would benefit from it. Three weeks ago on signing into my hmrc personal account there was a message for me saying that I was entitled to have the allowance backdated for the years 2015/16 and any refund due would be sent to my husband.

 

2 days ago I received a P800 from hmrc starting that I owed £212 tax for 2015/16.i phoned them and was told that when they backdated the allowance to my husbands account it brought me over my personal allowance and that my husband didn't need the allowance for that period because he was under the threshold for income tax.

 

I asked if this could be reversed and was told no as the computer system does not allow them to go back previous years,even though they were able to access those years when transferring the allowance that wasn't needed.

 

Is there anything at all I can do about this. Any help would be very much appreciated. Thank you.

Edited by honeybee13
Paras.

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Hello Sally, welcome to CAG.

 

People should be along later with advice for you, please bear with us until they're able to get here. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thank you for the welcome honeybee.

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According to this https://www.gov.uk/marriage-allowance if your husband's income was below the tax threshold then you shouldn't have been allowed to transfer the allowance.

 

First step is probably to write to HMRC and dispute their decision. Also, your husband can ask to cancel the transfer (look at the change of circumstances page in the above link) and it will be backdated to the start of the current tax year should there be any potential issue with this tax year.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you so much reallybadwoman for your help. I'll send a letter to hmrc as you suggested and see what their response is.

One more question I hope you can help with. Do I need to pay the £212 now even though I am disputing it. Thank you.

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Sorry, I don't know if HMRC stop collection if you're disputing a payment, there's probably something on their website if they do. Personally, I'm scared of the tax man so I'd pay it anyway!


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi Sally,

 

1. What was said about paying the £212 that's owed as per the P800. Do they want it paid direct or do they want to collect by a PAYE Code restriction.

 

2. Could you afford to pay the £212 if it's payable now. If not, you may need to challenge the P800 assessment.

 

3. The 1st sentence in your post #1 above doesn't quite make sense. Can you tell us a bit more about whether you are both working/earning and how you or he would benefit by claiming the marriage allowance.

 

Stay OFF the phone and keep any comm'ns in writing only. Maybe hold writing a letter until we know a little more.

 

:-)

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what was your incoome for that year? What was your hubby's income for that year? The person whose income is above the threshold can claim tax relief from the person whose income is below the threshold to use some of their personal allowance.

It looks from what I can deduce from you post you have claimed the allowance the wrong way round and now the tax office is demandinmg it to be refunded rather than applying the allowance to the correct person for reasons that appear to be of spite rather than logic.

The allowance can be backdated so if their computer cant cope perhaps they ought to buy a pencil and paper and work it out manually.- ie appeal this decision but get things right before you do

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Thank you slick132 and Ericsbrother for your replies.

For the financial year 2015/16 my total taxable income was £19323.36 a BR tax code was used on £18825.00 of this amount and I received a refund of £2020.28. The £18825.00 was the amount taxable after 25% tax free amount was deducted from lump sum pension.

My husbands income for 2015/16 was £6399.79.

For financial year 2016/17 my total income was £6391.84 and my husbands was £10691.16.

Slick132, they want the £212 paid direct as I'm not a taxpayer. When I spoke to hmrc regarding the overpayment of tax for 2015/16 I asked if I was entitled to transfer some of my personal allowance to my husband as he was taking out his personal pensions and we didn't know if this would take him over the tax threshold. Hmrc said that yes I could transfer the allowance to my husband and this would start for 2016/17. As you can see from his 2016/17 income he was under it. Both myself and my husband are disabled so unable to work. I am able to pay the £212.

I was obviously very naive about this marriage Allowance. My mistake. Hope all this makes sense. Thank you.

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bit un clear on this, O.H. obviously has not used her Tax allowances but I have been taxed on pension income albeit small amounts but substantial end of year? subject - ? I am on pension and pension credit ( not a lot less than £20 p.w. ) but my O.H. unemployed last couple of years, is this sytem relevant to me to claim against her allowance albeit she has no income?


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

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bit un clear on this, O.H. obviously has not used her Tax allowances but I have been taxed on pension income albeit small amounts but substantial end of year? subject - ? I am on pension and pension credit ( not a lot less than £20 p.w. ) but my O.H. unemployed last couple of years, is this sytem relevant to me to claim against her allowance albeit she has no income?

 

OC, it would be better to start your own thread please.

 

HB


Illegitimi non carborundum

 

 

 

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just asking due to forum sunject a Yes or No? to question!


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

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Hi OC.

 

My apologies, but your question is fairly specific to your own circs. It would be better for you to have your own thread and for Sally to have her own answers.

 

HB


Illegitimi non carborundum

 

 

 

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Hi Sally,

 

If there's a date you should pay the £212 by, do this to avoid possible interest or penalties.

 

The link posted above by ReallyMadWoman gave info that should help you decide if you would benefit by claiming the £1,150 transfer.

 

Can you read it carefully and let us know if you think you should have claimed the transfer for one or both years, or not.

 

:-)


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If the computer does not allow the application to be cancelled, then a manual input is needed and in my opinion demanded.

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Hi Slick132,

I have read up on Marriage Allowance from the gov website as you suggested and according to that whoever is transferring must have no earnings or income under £11500 and partners income is between £11501 and £45000. These figures are for this financial year but I've worked out for last 2 years personal allowance.

 

2015/16 personal allowance £10600

My income - £19323.36

Husband - £ 6399.79

As my income was over £10600 the transfer should not have been allowed. Although my husband could have transferred to me.

 

2016/17 personal allowance £11000

My income - £ 6890.44

Husband - £10691.16

Although my income was under £11000 so was my husbands and therfore the transfer shouldn't have been allowed.

2017/18 personal allowance £11500

My income - £ 6890.44

Husband - £10861.80

Again I would say the transfer should not be allowed as my husbands income is less than £11500.

On the p800 it said I will receive a letter shortly giving me options on how to make the payment.

Thank you for all your help.

 

ConsumerDude thank you for your reply to my problem. When I was told they couldn't reverse it as the computer system will not allow them to do it I did say that surely someone higher up could manually do this and was again told no they cannot reverse it and higher up were the I.T. Guys and they would not do it.

Edited by Sally11

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Update: I have now received the letter from HMRC requesting payment by 30th May.

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Hi Slick132,

I have read up on Marriage Allowance from the gov website as you suggested and according to that whoever is transferring must have no earnings or income under £11500 and partners income is between £11501 and £45000. These figures are for this financial year but I've worked out for last 2 years personal allowance.

 

2015/16 personal allowance £10600

My income - £19323.36

Husband - £ 6399.79

As my income was over £10600 the transfer should not have been allowed. Although my husband could have transferred to me.

 

2016/17 personal allowance £11000

My income - £ 6890.44

Husband - £10691.16

Although my income was under £11000 so was my husbands and therfore the transfer shouldn't have been allowed.

2017/18 personal allowance £11500

My income - £ 6890.44

Husband - £10861.80

Again I would say the transfer should not be allowed as my husbands income is less than £11500.

On the p800 it said I will receive a letter shortly giving me options on how to make the payment.

Thank you for all your help.

 

ConsumerDude thank you for your reply to my problem. When I was told they couldn't reverse it as the computer system will not allow them to do it I did say that surely someone higher up could manually do this and was again told no they cannot reverse it and higher up were the I.T. Guys and they would not do it.

 

This is the problem with society now in my opinion in that we give control to computers and yet computers are not legally responsible, humans are, it really is nonsense.

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yes, you can have £1k of her allowance shifted to reduce your tax bill.

You dont shift your income to her personal allowance, HMRC up the threshold before you pay tax for you and drop it for her This is where the OP got confused and now they are being mean about it.

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Get hold of your ex-MP and tell them that if they want to get a couple of much needed votes they shoudl ask the minister to get HMRC to see sense and allow the reversal of this clerical error.

Gte hold of the forms and reapply as part of your appeal. There is no lawful reason as to why they shoudlreject the claim. The wrong one is not the same claim.

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Do I need to contact HMRC and bring to their attention that I was never eligible to apply for Marriage Allowance according to the rules on the government website. If they still say they can't cancel it, then appeal. If I do need to appeal how do I do that.

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Confirm to them in writing your dispute and request they confirm in writing what any appeal process is.

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Hi Sally,

 

Confirm to them in writing your dispute and request they confirm in writing what any appeal process is.

 

I agree With CD's advice - write to HMRC and start by saying you will only deal with this in writing.

 

Tell them you now believe you didn't qualify to transfer in the way you claimed for 2015/16 although you should have claimed for YH's allowance to be transferred to you. Confirm you now want this to happen.

 

Tell them for 2016/17 HMRC should have recognised the transfer was not appropriate in your combined circumstances.

 

Tell them you dispute the £212 is payable and formally apply for the tax deemed due to be postponed for collection.

 

Tell them you require them to acknowledge your appeal/complaint and forward any forms etc for completion.

 

:-)


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Hi Slick132,

Thank you for your advice. I will send a letter to HMRC and see what their response is. I'll come back and update everyone once I hear back from them.

Thanks again.

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