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TonyTax
TonyTax, Tax Consultant
Category: Tax
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Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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My dad died in October 2012 I dealt with his estate at the

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My dad died in October 2012 I dealt with his estate at the time and paid everything that came along. being an employee as apposed to self employed I didn't realise that I would have to do a tax return in 2013. I did ring and speak to someone explaining that I didn't have any paperwork for my dads incomings and they sent me another form which I sent back with the only bits of information I could remember.
I now have a bill for £300 and going up daily. I am at my wits end and don't know what to do.

Linda Pennell
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.

Hi.

You say you have a bill for £300. Is this a penalty that has been issued because you didn't complete a tax return for your late father for the period 6 April 2012 to the date in October 2012 that he passed away or for another period or tax year? What was the form that the tax office sent to you? Can you tell me what it says on the £300 bill and who it is addressed to?

Customer: replied 2 years ago.

Yes the letter is a late penalty reminder.it is addressed to me as executer. I thought everything was done before I distributed the little amount he had. I certainly didn't expect to get a form this year. I'm not sure of the dates as I sent it back. Sorry


I

Expert:  TonyTax replied 2 years ago.

Thanks.

 

Would you mind typing some of the text in the penalty reminder please. If it mentions the tax year, let me know. I'm wondering it is a penalty for the period 6 April 2012 to the date in October 2012 that your dad died in which case the return was for your late father or for the period from the day after your dad died to 5 April 2013 in which case the return was for the deceased estate.

Customer: replied 2 years ago.
Tax return for the year ending 5 April 2013. I'm unsure what you mean about the estate do you mean we should have paid tax on what was left ?
Expert:  TonyTax replied 2 years ago.

Thanks.

The estate would only have had a tax liability if it received any untaxed income.

I don't know how much income your father had in the period from 6 April 2012 to October 2013 but he must have been in the self-assessment system to have one issuedI suspect that a tax return for 2012/13 was issued by HMRC six months after your father passed away as they may not have been aware of his death. An alternative to the tax return is an R27.

Given that the tax office sent you another form which I suspect was an R27, they should have cancelled the 2013 tax return. Unless HMRC were informed of your father's death before the end of the tax year, a tax return for 2012/13 would have been issued automatically. HMRC cannot act unless they are aware of all the facts. As you said, you would have not been aware of the self-assessment tax system as you were not in it.

What I suggest you do is to appeal against the tax return penalty using the form SA370 here. The help notes for the SA370 are here. There are some more notes here. Explain the circumstances (I realise you have already done this) and that you were not aware of a 2013 tax return being issued.

I would also suggest that you couple your appeal with a complaint which will have the effect of the matter being escalated to a level of HMRC official who take a more pragmatic view on these things than the people you get when you call HMRC. There is a guide to making a complaint here. Just explain what you have tried to do to sort out your late father's affairs and what you think has gone wrong as fas as HMRC are concerned.

I hope this helps but let me know if you have any further questions.

TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15880
Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.
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