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TaxRobin
TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 14504
Experience:  International tax
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Hello, I have received a letter from HM Revenue stating that

Resolved Question:

Hello,
I have received a letter from HM Revenue stating that we have been overpaid tax during the 2012-2013 tax year.
They say that we did not give them the correct combined annual income of £33,760.00
My wife and I dispute this, as we gave all the correct details over the phone on the
12/August/ 2012. I have since got a copy of this phone call on CD from the HM Revenue, and you can clearly hear us answer his questions in full, giving our correct annual income.
I sent an overpayment form TC846 with a covering letter, but we have just had their decision, and they have demanded we make pay back £2585.51 for over payment for 2012-2013 and overpayment charges for the beginning of this year.
What can we do? This is a huge amount of money to us. I am disabled and work only part time, my wife works full time. The combined annual income includes my pension fro the MOD
Please can you help
Submitted: 2 years ago.
Category: Tax
Expert:  TaxRobin replied 2 years ago.
Hello,
I wish I could give you a specific action to take but you have followed every step available to you. The Tax Credit Office may write off some or all of your overpayment if you met all your responsibilities (which you appear to have completed) - but they didn't meet theirs (you told them about a your situation but they did not deal with it properly and gave you incorrect advice).
Because you have new information (the phone call copy) the Tax Credit Office may review your case.
If you have not done so yet, you may wish to talk to an organisation like Citizens Advice or Civil Legal Advice.

http://www.citizensadvice.org.uk/

Their assistance would not add more cost to you and your wife. I sincerely XXXXX XXXXX situation ends to your advantage.
Customer: replied 2 years ago.

Many thanks for your reply.


I am re-sending the overpayments form and cover letter I sent previously, but because they made no mention of the phone call, I will send them a copy of this as well.


 


They requested that I start to pay back this money, so I would not start getting demands for immediate payment etc., which I did by agreeing to a direct debit for 48 months of £53.86. I was told that this would be paid back if they agreed with my complaint.


If they continue to say the fault was with me and demand payment, is there another appeal process?

Expert:  TaxRobin replied 2 years ago.
The amount will be refunded to you either in whole (if they decide that their fault was greater) or a portion is they decide the responsibility is shared.
The tribunal is independent and independently appointed expert tax judges and/or panel members will hear your case. To find out more about the new tribunals,go to the Tribunals Service website at www.justice.gov.uk/tribunals/tax or you can phone them on 0845(NNN) NNN-NNNN
Customer: replied 2 years ago.

I will contact them asap, is their decision final ?

Expert:  TaxRobin replied 2 years ago.
Yes, their decision will be final.
Customer: replied 2 years ago.

Should I ask for a reduction? or at least the overpayment for this year to be waived, as they had the correct info in Aug 2012 ?


 


Lastly, if I have to pay this money back, will I still be able to pay it off using the direct debit I have already signed upto, as there is no way I can pay them this in one go

Expert:  TaxRobin replied 2 years ago.
You can ask for a reduction based on the circumstances (you divulged all on the phone).
They should still allow you 12 months to pay back should they find all the responsibility was yours.
Customer: replied 2 years ago.

Many thanks, XXXXX XXXXX unsure about using a website for this, but you have been very helpful.


 


Many thanks

Expert:  TaxRobin replied 2 years ago.
You are most welcome.
I sincerely XXXXX XXXXX is resolved in your favor and thank you in advance for a positive rating.
TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 14504
Experience: International tax
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