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joannem1965
joannem1965, Advocate
Category: Law
Satisfied Customers: 264
Experience:  I am a solicitor
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I have been a BT engineer for 43 years al though I am still

Customer Question

I have been a BT engineer for 43 years al though I am still working for BT I started receiving my pension in May 2010. the HMRC were notified of this but they did not alter my tax code until November 2011.they have apologised for their error but are still demanding £4,364 tax arrears. Am I liable for these arrears
Submitted: 3 years ago.
Category: Law
Expert:  joannem1965 replied 3 years ago.
Do you accept that you owe this tax or do you think that they calculated wrongly?
Customer: replied 3 years ago.


I did not know that the tax was not being deducted at the time. What I am disputing is can the HMRC demand back tax 20 months after they were previously notified of pension being paid. they have already accepted they were notified and apologised for their error

Expert:  joannem1965 replied 3 years ago.
I’m sorry to have to tell you that yes they can however you are entitled to have a reasonable period of time to repay the money and that can be done by adjusting your tax code.
Yes, I accept that they made a mistake but the revenue are not in the habit of paying compensation or writing money off.
Legally of course you have no defence to their mistake and you cannot rely on their mistake.
I wish I could be the bearer of better news for you but obviously, I have to give you an honest straightforward answer even if that answer is not what you want to hear
Does that answer the question? Can I assessed further or clarify anything specifically?
Customer: replied 3 years ago.


no but thanks all the same

Expert:  joannem1965 replied 3 years ago.
it is all I can do to answer the question what it doesn’t do is get you off paying the tax back because I am afraid that is an impossibility unless the revenue decide to roll over and capitulate and let you off which I think is highly unlikely.

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