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Question

Over 10 years ago in order to entice me to move to London my company lent me £125,000 as a half payment towards a property. The deal was that I did not need to pay any interest on the loan but on leaving the company I would either have to repay the loan with interest or sell the property and share the proceeds. Over these last 10 years or more my annual tax return included a tax charge for the benefit in kind for theinterest-free loan represented. Two years ago I was made redundant and elected to repay the loan. As a concession I was given 2 years to repay the loan in 4 installments every 6 months. The amount to be repaid includes compound interest over the full term of the loan based on interest rates current each month. For the initial loan of £125,00 I was asked to repay just less that £200,000. If during the term of the loan I was taxed each year on the fact that I was charged no interest can I claim that tax back now that I am being asked to pay that interest retrospectively? Thx

Submitted: 115 days and 5 hours ago.
Category: UK Tax
Value: $17
Status: CLOSED
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Province/Country relating to question: London / UK

Already Tried:
none. Tax office closed now for weekend.

Accepted Answer

I've never come across a case such as yours but I believe you can make a retrospective claim for adjustments to the sums you were assessed to tax on but only as far back as 2003/04. A claim for 2003/04 needs to be made by 31 January 2010, five years and ten months after the end of that tax year. For the years since, you are obviously in time. See paragraph 17.35 of the expenses and benefits booklet 480 here.

You would need to write a letter to your tax office setting out the interest payable for each tax year that you are making a claim for.Tony40131.8798952893

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Expert: Tony
Pos. Feedback: 99.0 %
Accepts: 1384
Answered: 11/14/2009

Tax Preparer

Consultant in Income Tax, Capital Gains Tax, Corporation Tax, Inheritance Tax

115 days and 4 hours ago.

Reply

It seems basically unjust to have been taxed on a benefit that was later effectively recinded.
Any appeal against the time limit?

Posted by Tony 115 days and 4 hours ago.

Answer

You could ask the tax office to amend the years prior to 2003/04 but they are not obliged to do so.

Don't click accept or your card will be charged again.

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