The Evertonian
Assistant Pro
They're like the mafia :sbox:
Tax rebate
- Thread starter Fish
- Start date
D
Deleted member 21258
Guest
HMRC would normally deduct the fine and send out the refund when claimed.
Depending on the fine form you are looking at, I would imagine it is probably just the penalty notice saying £100 has been charged, as they have been just issued.
So this is a notice really.
Did you complete you bank details and claim the refund on the return ? If you did then phone up HMRC and ask them to send out the £200 to you to the bank details on the form.
If you did not complete the tax return then phone HMRC and ask them to send you a cheque for the refund due.
Hope that helps.
Depending on the fine form you are looking at, I would imagine it is probably just the penalty notice saying £100 has been charged, as they have been just issued.
So this is a notice really.Did you complete you bank details and claim the refund on the return ? If you did then phone up HMRC and ask them to send out the £200 to you to the bank details on the form.
If you did not complete the tax return then phone HMRC and ask them to send you a cheque for the refund due.
Hope that helps.
ColchesterFC
Journeyman Pro
I'm hoping that the fact that I've got evidence from both myself and my accountant that we've been chasing this for the last 5 years means that even if the 6 year cut off does apply then we'll be ok to get what is owed to us. We've been emailing them every 6 months for the last 5 years to try to get this sorted as well as phoning them (with notes on times and dates of phone calls and names of who we spoke to) so fingers crossed we'll be ok.
Green Bay Hacker
Journeyman Pro
They will deduct it. You should never pay them money if they owe you more, even if it is a fine or penalty.
When I rang them chasing £2k, they said I owed them just under £100, I had to send that before they'd release my rebate, so it's not a given, maybe it depends what the amount owed is for 🤔
need_my_wedge
Has Now Found His Wedgie
Still in shock after receivig a hefty demand from the taxman earlier this week. Apparently they changed the rules back in 2013 regarding the weekly child allowance. If one partner salary is above a ceiling, you can no longer claim it. My wife originally claimed it 17 years ago when our boy was born, they never actually communicated directly to us to tell us of the change and are now demanding 5 years payments back...... along with a 20% penalty.... AND interest!!
Angry in so many ways..... Have never claimed anything from them, always paid tax etc. Can't do anything about the rule changes, happy to pay back - even though we had no idea of the change. Apparently saying that it was advertised on TV and in newspapers is sufficient to put me in the wrong, therefore they are punishing me twice (penalty and interest), that's just wrong. Neither of us remember seeing any adverts on TV, and neither of us read newspapers, they should have communicated it directly, we would of course made the relevant changes, to leave it 5 years before contacting us is unbelievable - they even sent her a letter just over a year ago telling her to sign it f the boy was still in higher education so they could keep paying it!
Now waiting for further contact from them to tell me exactly how much I have to pay, when and how. I 'll bet they want it quicker than they pay you chaps expecting rebates.
Angry in so many ways..... Have never claimed anything from them, always paid tax etc. Can't do anything about the rule changes, happy to pay back - even though we had no idea of the change. Apparently saying that it was advertised on TV and in newspapers is sufficient to put me in the wrong, therefore they are punishing me twice (penalty and interest), that's just wrong. Neither of us remember seeing any adverts on TV, and neither of us read newspapers, they should have communicated it directly, we would of course made the relevant changes, to leave it 5 years before contacting us is unbelievable - they even sent her a letter just over a year ago telling her to sign it f the boy was still in higher education so they could keep paying it!
Now waiting for further contact from them to tell me exactly how much I have to pay, when and how. I 'll bet they want it quicker than they pay you chaps expecting rebates.
D
Deleted member 21258
Guest
Hi,You may wish to ask/appeal if necessaray for the penalties to be suspended based on next years tax return is completed correctly (assuming it is classed as a careless penalty[look at your letter] which I would imagine it is)
This will mean you will not have to pay the 20% penalty assuming you complete the next tax return correctly (and assuming that the child benefit is applicable to that tax return, if it is not then they can not suspense as they can not put any relevant conditions on the tax return completion).
Really hope it helps, as what has happen to HMRC/government over the last few years is just bang out of order and most public do not realise, until it is to late.
Fish, normally the only time they will not offset is if they are different taxes, so for instance VAT vs income tax or CIS vs income or CIS vs corporation tax etc(hopefully HMRC are becoming more switched on and are offset more and more automatically). However in Th Evertonian case it sounds like the penalty is income tax and so is the refund, so offset happens automatically as it is 'on the same system'.cheers
Mine was 2 different taxes as such, hence why I said 'what the amount is owed for' ie, it could have been for something different to the rebate. As you state, it shouldn't matter IMO, it's wooden dollars after all.
Green Bay Hacker
Journeyman Pro
You should have got your accountant to tear them a new one, they cannot do that. Were they two different types of taxes. eg income tax and VAT?
Ignore that, just seen post 28 above.
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Bigfoot
Tour Rookie
In February, I had a letter requesting £ 130 for unpaid tax in 2015/2016 tax year. A few days later another letter with tax code and how they may collect it. A few days later, a letter saying I was owed money - £ 11.20.
It seems the first letter had included an item twice , so the £130 was wrong.
I am now looking forward to splashing that £11.20 !!
It seems the first letter had included an item twice , so the £130 was wrong.
I am now looking forward to splashing that £11.20 !!
need_my_wedge
Has Now Found His Wedgie
They did put it down as 'non-deliberate' but said that there was no way to minimalize the penalties further. Got a letter today, nearly 3 weeks later, they're charging me additional interest for the time it's taken to send the letter.... this is nothing short of robbery.
D
Deleted member 21258
Guest
Interest will continue accruing on the payment of tax, so the tax needs to be paid asap to stop interest being charged, this happens automatically.
You may wish to read this :-
http://www.hmrc.gov.uk/gds/ch/attachments/suspension_of_penalties_flowchart.pdf
I think HMRC maybe just trying to hard line you, as if it was careless and assuming you have to complete a tax return next year and it has the child benefit adjustment on(I would argue that is specific conditions, as mentioned on the link above), I think you should be able to get the penalty suspended.
Really depends on the level of penalties charged, if they charged you £50 then probably worth moving on with life, but if they charged you say £250 plus I think I would fight it further, as you have nothing to lose and do have a right for appeal, after you have finished with the inspector(but you do need to ask for suspension and state your conditions and quote some of the above from the link etc).
Also this link is useful. shows their internal manuals guidance etc on the matter(read all the pages) :-
https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch83131
And it provides some examples, some which I can see applies in principle the same as your situation.
You may wish to read this as well, which is quite interesting (well if you are sad like me!)
https://www.taxinsider.co.uk/1373-Penalties_For_Errors_Keep_Them_In_Suspense.html
Hope that all helps and best of luck, worst part of my job is dealing with HMRC nowdays, once upon a time they were good to deal with and reasonable.
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need_my_wedge
Has Now Found His Wedgie
Interest will continue accruing on the payment of tax, so the tax needs to be paid asap to stop interest being charged, this happens automatically.
You may wish to read this :-
http://www.hmrc.gov.uk/gds/ch/attachments/suspension_of_penalties_flowchart.pdf
I think HMRC maybe just trying to hard line you, as if it was careless and assuming you have to complete a tax return next year and it has the child benefit adjustment on(I would argue that is specific conditions, as mentioned on the link above), I think you should be able to get the penalty suspended.
Really depends on the level of penalties charged, if they charged you £50 then probably worth moving on with life, but if they charged you say £250 plus I think I would fight it further, as you have nothing to lose and do have a right for appeal, after you have finished with the inspector(but you do need to ask for suspension and state your conditions and quote some of the above from the link etc).
Also this link is useful. shows their internal manuals guidance etc on the matter(read all the pages) :-
https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch83131
And it provides some examples, some which I can see applies in principle the same as your situation.
You may wish to read this as well, which is quite interesting (well if you are sad like me!)
https://www.taxinsider.co.uk/1373-Penalties_For_Errors_Keep_Them_In_Suspense.html
Hope that all helps and best of luck, worst part of my job is dealing with HMRC nowdays, once upon a time they were good to deal with and reasonable.
Thanks for the advice Darren, much to my chagrin I've gone and paid it all off. I think you're right in suggesting they were trying to hardline me, it always seems that they chase the law abiding taxpayers harder than those that try to avoid paying deliberately. Anyway, paid off and this years holiday now cancelled.
D
Deleted member 21258
Guest
The fact you have paid it, doesn't stop you asking for the penalties to be suspended. If you do write in make sure you write a condition and it is a proper condition something like 'I will improve my record keeping to keep a full record of child benefit received, date received and duly entered the figures correctly on the tax return correctly next year' (or something like that).
What I find amazing in a case like yours, is that they have this information, they pay it and if they had a decent computer system in place, then this would automatically be done and therefore would have been correct straight away. This would have save you and HMRC the grief of correcting it and the question of penalties would not exist. He in glass houses should not throw stones IMHO and all that I suppose I am really thinking here!!.
But hey lets make the system self assessment and make you totally responsible for such things, then charged penalties for minor accidental errors, when Joe Public does not fully know the tax laws or even realise when errors are made, what happened to the man on the Clapham bus principle!
Sorry went off on one there :rofl:Have a good weekend.
