I would like to consult some information about tax refund. I have got a tax refund form, and before I finish the tax refund, I would like to know, if I get a tax refund and come back to UK between 12 months after getting tax refund, when I enter UK, is that possible that I might be refused to enter UK by the customs? Is that possible my student visa might be cancled after getting tax refund? Or I can enter UK but I might face penalties? Is that a kind of criminal action? If it is, will it be recorded in my visa and influenced if I want to renew my visa when the visa is due and enter UK again?
System of Law: England-and-Wales
Thanks for your question
Your eligibility for a tax refund will be based on the fact that you are due to leave the UK, and has no bearing on the customs position whatsoever or the fact that you have been in the UK and wish to return to the UK on a student visa.
Refunds arise on the basis that not all personal allowances have been used for that one tax year, and if you are in employment you are awarded 1/12th of the personal allowances (or 1/52 if you are paid weekly) in April and again for each month/week you are paid. So, if you leave the UK part way through a tax year, this creates a refund on the unused allowances up to the following 5th April
So if you return to the UK to live before the following 5th April, then you MAY owe HMRC money if you take up employment before the end of that tax year (as the refund would have been made on the assumption that you will not work again before the year end)
But if you come back into the UK after the 5th April (2013) then you are then due a new set of personal allowances from the date you arrive back to resume living in the UK.
Your main concern should be what conditions are being imposed on your eligibility for this visa, which has NO bearing on the tax position at all.
And as this is the UK tax forum and not the legal forum, I can not offer advise on this, as I am sure you can appreciate, we are not legal experts.
But your student visa is NOT canceled due to tax refunds being claimed, which is what you wished to know.
Thanks for your answer. Due to I bought something for my family, therefore I want to get tax refund. One thing I still need to know, could I be refused to enter UK if I come back between 12 months after getting tax refund? Or if I owe the HMRC money, may I just pay the money back? Is that a kind of criminal action? Thank you.
Thanks for your response
Thats not a tax refund, that is VAT you refer to.
And yes this will have an effect as if you leave the UK and claim a VAT refund on the basis that you are just a visitor to the UK and must remain out of the UK for at least 12 months and will be noted on the customs system and you could be heavily fined and have the VAT clawed back and being treated as having committed fraud in some cases.
And this could lead to you being refused entry back into the UK
So do not claim the refund if you think there is ANY chance of you wishing to return to the UK within a 12 month period.
Thanks for your answer. I am a student studying in the UK instead of a visitor, therefore, I would like to know, will I be refused to enter UK as well or I just only heavily fined and have the VAT clawed back and being treated as having committed fraud in some cases? Will my student visa be cancled in this situation?
I cannot answer that completely, because its all depends on
1)The gravity of the claim
2) whether you knew you would in fact come back to the UK before the 12 months were up
3) How much is involved
4) Whether there is any other blemished against you that might lead customs to refuse you entry.
But if you remain being a student, and are still in the middle of your course then you could not state that you are a visitor as you clearly would be planning to return to the UK
I have two VAT forms which are about 200 pounds and 400 pounds respectively, and both of them haven't got VAT refund. If there are not other blemished against and plan to go back to UK between 12 months, and I am still a student, will I be refused to enter UK or just faced heavily fined? Is that definitely treated as committed fraud or just happened in some cases? Thank you for answering.
I am not a VAT officer, and cannot offer you any guarantees, and as every case is looked at in its own merits, without looking at all your history held by immigration (which I am not privy to) I cannot advise further, but my advise is NOT to claim the refunds if you think its likely you will return to the UK before the 12 month absence is up, or you are signed up for a further course, or a continuance of the same course as this is more likely to be treated as fraud, that you claimed refunds knowing you would return within the 12 month time limit
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