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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, my employer has been paying the taxman the wrong amount

Customer Question

Hi, my employer has been paying the taxman the wrong amount of taxes for 11 year, but the HM revenue will only let me claim back 4 years. Is my employer responsibly for this error & can I claim against them as its £4200 plus interest. Regards KB
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 : So you have been underpaying? This means that you have been getting more than you were entitled you?
Customer :

Hi, I still have not had a reply. & as I wanted the information Saturday I would now like a refund please.Regards

Alex Watts :

You asked the question at 9.51am, I asked for more information at 10.18am

Alex Watts :

I asked:

Alex Watts :

So you have been underpaying? This means that you have been getting more than you were entitled you?

Customer :

Hi, if you read my email correctly you will see that I have been over paying tax.Regards Kevin

Alex Watts :

It did not say that you had overpaid, it just said you had been paying the wrong amount.

Alex Watts :

You are £4200 in credit, or is that the 4 year period amount please?

Alex Watts :

Do you get self assessment returns please?

Alex Watts :

If you give me the information I can help.

Alex Watts :

But I will assume that you have overpaid but not completed self assessment.

Alex Watts :

Sadly it is bad news. According to HMRC own website:

Alex Watts :

http://www.hmrc.gov.uk/incometax/overpaid-thro-job.htm

Alex Watts :

You will see there are time limits for overpayments.

Alex Watts :

5 April 2010 you have to claim by 5 April 2014

Alex Watts :

However you can ask that the decision be reviewed

Alex Watts :

You need to write to HMRC and ask them to reconsider it.

Alex Watts :

If they do this and uphold your complaint, all is well

Alex Watts :

If they refuse then it is possible to them go to the Independent Adjudicator.

Alex Watts :

That person will consider your complaint and decide whether to uphold it

Alex Watts :

If that goes against you, you can consider a Judicial Review

Alex Watts :

This is where a Judge considers the decisions of HMRC and decides whether HMRC have acted legally and whether their actions are reasonable

Alex Watts :

A Judge can agree with the decision or remit it back to HMRC for further considertation

Alex Watts :

These are the three steps you can take to resolve your complaint

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I see you are in chat but not able to respond.

Alex Watts :

If you need more information from me then please click reply.

Customer :

Hi, wright from the top, Ive be employed by the same company 24 years I had a company van for 13 years but 11 years ago I gave up the company van. I've just been maid redundant.

Customer :

I have received a tax form from HMR and in the form it stated that I had accompany van but i haven't had it for 11years so i phone HMR they said i can claim £600 a year for 4 years back dated but that's all.

Alex Watts :

Yes. That is correct.

Customer :

What i need to know is my employer libel for the rest.

Alex Watts :

But take the steps I outlined above and that should resolve it

Alex Watts :

You can claim off your employer if it was their mistake yes.

Alex Watts :

This is because your employer should have been taking the right tax

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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