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Answered in 9 minutes by:
4/6/2012
Sam, Accountant
Category: UK Tax
Satisfied Customers: 17,151
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
VerifiedHi Henry
Thanks for your question and I am sorry to hear that you are having a worrying time over this tax liability situation.
Yo help me advise your further, could you advise
Which job started first, the supermarket one or the agency?
As you had come into the UK, you would not have had a form P45 to give to either employer so I have to assume that you completed form P46 for each of them.
Did you advise both employers on the form P46, that was your main or only employment (you may have to make tentative enquiries to each employer regarding this)
And the 24 month absence has no bearing g on this, other than the fact there may be a tax refund due for the year you departed, and the year that you returned, which might go some way to reduce this matter, if it proves that the liability is yours to bear.
So if you could advise the actual date in 2008 that you left the UK with pay and tax details from the P45s given and what you have earned so far since your return to the UK from July 2011 to date
The interest aspect relates to the fact that as this tax is now due and payable, that interest is accruing due to the time from when it should have been paid and today, so if it proves that you are in fact responsible for this money, then interest would have been added on.
Regarding completion of a tax return, there at this time is no neeed for you to do this, lets see whether there is scope to appeal the amount they state you owe, and whetehr there are tax refunds due to you for 2009/2010 and 2011/2012
Thanks
Sam
Hi Henry
Thanks for your response.
HMRC used to have separate computer bases for each area, and its only since the amalgamation of all areas that there is one system for all, and sadly this is where many cases like yours, have been discovered to have been awarded double tax free personal allowances. I agree the system was flawed, and it had led to these kind of situations, which are now being rectified, and I do appreciate the financial strain this will cause to you.
As things stand, the only way to have any chance to win an appeal against paying the tax, is to establish that either HMRC or the employer (one or both) were at fault. Failure to do that will result in you having to pay the tax due.
But they are unable to accept a lesser offer, the full tax is due, its a question of whether you pay it, or the employer is held responsible, or HMRC have failed to act on information provided.
Its fair to say that HMRC did not marry up the information, but you also have to accept that you did nothing to rectify this, and whilst your knowledge of the tax system with non existent, you could at any time have telephoned HMRC for advise and this is what they will state, and also with any issue of tax code numbers (P2 notice of coding) you would have been sent notes along with the tax codes that explained the allocation of tax allowances, and the basic tax system, which also could have led to you establish you were being given too many tax free allowances ( although many do not read the accompanying notes, and this can lead to a contributory factor is the wrong taxes being paid)
And unless you had made the second employment (with the supermarket) aware that you had other income, or had suggested this was the case, through the P46, then your employer also could have done nothing more.
There are plenty of accountants in your area that could handle this for you, but if you do not have a basis of appeal, this would be money wasted, making your financial situation worse than it already stands, so do weigh this up carefully.
But to have an initial meeting with one, would not cost anything. And I am sure they will advise you upon ESC A19 (Extra Statutory Concession A19) which is when HMRC will accept that the tax should be written off, due to errors they failed to rectify. But just be mindful of the fact that HMRC could not act on rectifying this until the tax system was merged as one, and then did in fact put this right, and they also did not fail to act on contact you had made to rectify the position, as you had not made contact. And although it may be that they did not use the information provided, again this is why you need to establish with the supermarket how they allocated the full tax allowances to you, when that employment began, and it brings us back to the original response, and whether you completed a P46, what was advised on the P46, or did you give them a P45.
I have added the link here re ESC A19 for your information http://www.hmrc.gov.uk/esc/esc.htm
Thanks
Sam
Sam, Accountant
Category: UK Tax
Satisfied Customers: 17,151
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Capital Gains, CIS ask for Sam Tax
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