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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I filled in a Self Assessment incorrectly I believe in

Customer Question

Hello I filled in a Self Assessment incorrectly I believe in 2003 which resulted in the Tax man refunding me 3k. When they investigated further they realised the error, however I had moved in the interim and was totally unaware I needed to change my address details with HMRC. I was still employed by the same employer and would have thought I could have been contacted through my NI number, also the mobile number supplied on the Self Assessment was still current.
In 2009 my employer went into Administration and when the company was re-registered the Tax man had my new address details. When they contacted me I paid off all the original error but now they want me to pay almost £1100 in interest on the small 3k mid payment.
The irony in all of this is that I never needed to fill in a Self Assessment to begin with. Although they sent me the paper work.
Is there any way thus interest can be waived please?
Many thanks
Jayne
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How often did you complete a self assessment please?
JACUSTOMER-z33w5tlm- : For about 3-4 years then I was told it was no longer necessary
Alex Watts :

Did you have an accountant?

JACUSTOMER-z33w5tlm- : No, I wasn't self employed so no need. I think I just fell into the higher tax bracket and HMRC asked me to fill out out Self Assessment, but I was employed 37 hours a week so no idea why I needed to do this.
Alex Watts :

But is the tax calculation now correct and you do owe the £?

JACUSTOMER-z33w5tlm- : Sorry don't understand the question
Alex Watts :

Do you accept the tax calculation HMRC done is correct?

JACUSTOMER-z33w5tlm- : Yes this is from a Self Assessment 2003/2004 and I'm not disputing that. I filled the PAYE section incorrectly and had a rebate. When they further investigated in 2006 they found that the rebate was an error. Thats when the problem occurred as they wrote to me but I had moved and never got any of their correspondence. I have paid that back but what I wanted your help with was the interest on this which is £1093 and this is what I now need to repay but am trying to dispute this.
Alex Watts :

Ok - this is what you need to do

Alex Watts :

1) Ask for a review of the decision

Alex Watts :

It will be sent to someone else. You can set out how the matter happened and why it should be changed

Alex Watts :

If they refuse then you can onto stage 2

Alex Watts :

2) Independent Adjudicator

Alex Watts :

This is where it goes to a Tribunal and they can consider the decision and whether or not to permit/disallow charges/interest

JACUSTOMER-z33w5tlm- : I have done this and to no avail which is why I'm contacting you as there must be some legal loophole which can waive the interest on the mis calculation error
Alex Watts :

I see.

Alex Watts :

The only thing you can do then is to consider a Judicial Review.

Alex Watts :

This is where a senior Judge of the Court considers the decision of HMRC and decides whether they have acted legally and within the band of reasonable responses

Alex Watts :

A Judge can either agree with their decision or remit back to them for further consideration.

Alex Watts :

Sadly if you have appealed etc and it has been refused this is your ONLY other option

Alex Watts :

There is nothing else you can do.

Alex Watts :

I am sorry if this is not necessarily the answer you may want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z33w5tlm- : Ok thank you for your answers
Alex Watts :

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Alex Watts :

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