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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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i give my tax returns to a friend to do as she worked in a

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i give my tax returns to a friend to do as she worked in a office that does the tax forms she said that she s done them but months ago i recevied a letter stating that i ve got £10.000.00in fines coz they wont done please can you help me coz its not only mine theres my husbands as well but i m no longer working due to ill health and the worry over this is making things worse
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.

Hi.

How many years tax returns are you referring to as I have to say £10,000 in fines is a ridiculously high figure unless it includes tax and surcharges as well as penalties for late tax returns for multiple years? Does the £10,000 cover your husband's tax returns as well? What do each of you and your husband do for a living?

Is the recent communication from HMRC the first time that you became aware of a problem? I find it hard to believe that there haven't been other communications from HMRC unless you moved and didn't tell them of your address change. What type of office did your friend work in? Are you still in contact with her?



Customer: replied 2 years ago.

no thats just mine there was other communication by way for letters from them so i was passing them on to her because she was dealing there them when i used to phone her and stay that i have had aletter she would say send it up and that she would sort it out but just before the fines arrived we had a row because her step dad said the the forms we had given to her she could not do so she give them to someone else to do and she couldnt do them to as they bare partnership forms this as been going on for 4years she been lying to me all this time but the best part is she work for the tax office in Cardiff i feel so betrayed as she used me eg to take her to work with out payment as i felt that she was doing my a favoir and would not charge her for her taxis i did own a taxi company

Customer: replied 2 years ago.

if i wrote to them and offered them a payment every month would they accept it

Expert:  TonyTax replied 2 years ago.
Thanks.

Leave this with me while I draft my answer.

Expert:  TonyTax replied 2 years ago.
Thanks.

This is clearly a real mess. I have to say that, ultimately, you are responsible for your own tax affairs. Tax Returns have to be signed by the taxpayer (you) so I wonder why you didn't ask why you were not being given the forms to sign and why you were not receiving tax demands at your home or business address given that you appear to be self-employed. Even if the business is run through a company, there may have been corporation tax to pay.

You should always read letters about your own tax affairs whether you have somebody acting for you or not. In my 35 years in tax, people seem to have a blind spot when it comes to tax when the rest of their financial affairs are in order so I have seen all this before and I still don't understand it.

Without sight of the paperwork, I cannot tell how the £10,000 is made up or how many years are involved. As I said in my previous post, it is probably be a combination of tax, NIC, late tax return penalties, tax surcharges and interest. Read about penalties here.

You mention paying a monthly amount. Why? You probably don't pay any other bill you get without making sure its correct so why do it with tax? You need to find out what has been going on, exactly what you are being asked to pay and if it is correct which I doubt and I'm afraid it will involve dropping your friend in the proverbial. My understanding is that HMRC employees are not allowed to get involved with doing tax work on a private basis.

The only way you are going to have a hope of getting some of the penalties reduced or even cancelled is to make a complaint to HMRC and tell them why you are in the situation you are in and that is down to one of their employees not doing what they said they would do for you. You can make a complaint here. Contact HMRC by telephone. I can assure you that if what you have told me is true, there will be a firestorm in HMRC.

You should also employ an accountant or tax adviser who is not a friend to clear the mess up and get your tax returns and whatever else is latye up to date. You clearly have no desire to complete your tax returns yourself so pay somebody who knows what they are doing to do it. If I wasn't a tax consultant, had little tax knowledge and I ran a business, I'd employ an accountant in the same way I call a plumber if I have a water leak. At least if things go wrong, you can sue.

If after this mess is cleared, you have tax and penalties and interest to pay, a decent accountant or tax adviser can assits you in negotiating a payment plan with HMRC and ensure that your rights are protected.

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















Customer: replied 2 years ago.

i ve now got accountant but he say that their nothing i can do about the penalities for non returns and the interest that came with it i did sign the forms as she told me it would be easier to do it before i handed them to her to save time and she would have to wait to get hold of me at the time i was back and fore hospital with fits

Expert:  TonyTax replied 2 years ago.
If the returns were never submitted, then it will be difficult to get the penalties cancelled, if not impossible. You can read about how to appeal against them and what constitutes a "reasonable excuse" here and and use the form here to make the appeal. Also, read the notes here.

I see no point in not making an appeal. Nothing ventured, nothing gained. Your illness may help but there are no guarantees. The fact that an HMRC employee was involved may also help.

TonyTax and other Tax Specialists are ready to help you

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