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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I was over re-paid income tax by the HMRC back in November

Resolved Question:

I was over re-paid income tax by the HMRC back in November 2014, following he return of my 2013-14 Self Assessment (received by the HMRC on 14th October 2014).
On 17th July 2015, I received a letter (dated 16th July 2015) stating that there had been an error on my return, and therefore I should pay back the money. On this letter is said that the HMRC could only correct errors within a 9 month period of them receiving my tax return..
I was forced into setting up a repayment plan as I did not have the money to repay in full, this plan ended in May 2016 with a view to me clearing the balance..... HMRC have sent me conflicting paperwork since then, so I wrote a letter of complaint. In the meantime (and why i didn't notice this earlier I don't know!) I discovered that the period between them receiving my return and the date on the letter was 9 months and 2 days, therefore exceeding their 9 month period as stated in the initial letter.
HMRC still claim I owe the balance, however I would like some advise on whether I can take them to task over the exceeded timeframe?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
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Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

Have you lodged an appeal or ask that the decision is reviewed please?

Customer: replied 6 months ago.
I have today received a response to my complaint letter. In that they confirm that I am still liable to the balance. (My view was to clear the balance after my bonus was paid in June)..... However in the reply I got today it says that they have "in general" 12 months to review a tax return. I am preparing a response to this to challenge the conflicting information and ask that they review the case again. I have paid approx half of the balance to date, however i have refused to pay any more, yet.
Expert:  Jamie-Law replied 6 months ago.

You should ask HMRC for a copy of the policy document or legislation they are seeking to rely upon.
However in any event they should be more lenient when it comes to repayment. It is all very well saying its their error but then demanding it back so quick is not correct.

However the only thing that does concern me is that you have made some payments, this may seem like an admission on your part.

But ask them for the document or evidence that it says 12 months. That way the onus is on them - if they cant provide it then I can not see how they can enforce it

Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
Thank you..... in my initial letter i did state to them that I felt "bullied" into setting up the repayment plan - on the basis that I was led to believe the mistake was on my part.. Whether it is or not is still in question as they have been unable to provide me satisfactory evidence to show that it was ME that made the error on the original tax return. Based on the information in the first letter I received, stating "within 9 months" I am going to reply back to them and say that I will disregard the "in general 12 months" statement from the most recent letter on the basis that "in general" is open to too much interpretation and the fact it conflicts with the letter I originally received which had a specific time period of "9 months" referenced. I will also ask for a copy of the legislation/policy document, however last time I got referred to "S9ZB TMA 1970" which is a massive document that I cannot understand!
Expert:  Jamie-Law replied 6 months ago.

You need to ask for which section and which paragraph. They cant just say general as that is too wide as you say.

In the if they dont review it, you can ask that it goes before an Adjudicator.

Can I clarify anything for you at all?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2561
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your advice, I wanted to check i was on the right path with what I have done, and am planning to do.

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