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Hi, this is a hypothetical question and doesnt apply to a

 
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Customer Question

Hi, this is a hypothetical question and doesn't apply to a real situation, but is what I've read about recently and I am curious how the whole system works.

It will be about the Child Tax Credits.

If both parents live in the UK, a child, over 18 lives outside of the UK (but inside the EU) and studies there (but still is dependent on the parents and visits them regularly) and is in full time non-advanced education, do they qualify to tax credit?

And if this is the case (as I have read on HMRC website) what sort of evidence the parents would need to provide if asked by HMRC during the account review?

I have heard HMRC does those reviews and asks for evidence now quite commonly.

Also, just on the side, how far back can HMRC backdate the claim? E.g. they are provided with evidence for a certain tax year, they find it to be insufficient, and the evidence would cover more than one tax year. Would that mean they could backdate it even further or is there a time limit on how far it can be backdated (e.g. up to a period it has been investigated)?


What if the evidence is not provided? Does that mean the child is removed from the claim? If so, is there still a penalty?

What if the HMRC asks for evidence for more than 1 child, but evidence is only provided for one?

 

Optional Information:
System of Law: England-and-Wales

Submitted: 334 days and 11 hours ago.
Category: UK Tax
Value: £12
Status: CLOSED
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Expert:  TonyTax replied334 days and 10 hours ago.

Hi.

You can claim child tax credit for a child in education abroad but not if they are at university. A letter from the educational establishment confirming that the child is studying with them will probably suffice. If you are asked for proof and don't provide it, you may lose your right to claim and have to pay back any money paid to you. If you make a claim knowing it to be false, you may be prosecuted. You have to provide whatever information the tax credit office asks for in support of your claim for as many children as you are claiming for.

A new claim can only be backdated one month from the date of receipt of the claim by the tax credit office.

Take a look here, here and here for more information.

Let me know if you have any further queries.

Customer replied334 days and 10 hours ago.

Hi Tony,

Thanks for your help.

Does the letter has to be translated by a professional or can it be supplied to HMRC in the form as received from the organisation?

Also, when it comes to backdating, I meant the HMRC backdating an overpayment (if they've assumed there was any after the investigation). Can they backdate for up to 1 tax year? The period they've asked the evidence for? Or perhaps they can do whatever they'll find appropriate.

I'd assume there should be a limit of how far they backdate.

Cheers

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Expert:  TonyTax replied334 days and 9 hours ago.

I think it would help if the letter was translated though the tax credit office may want to see the original as well.

They will back date any overpayment of tax credits to the point at which the child no longer met the qualifying criteria.

Expert TypeTax Consultant
Category: UK Tax
Pos. Feedback: 99.0 %
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Answered: 6/23/2012

Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.

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