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TaxRobin
TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 15612
Experience:  International tax
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I am PAYE andHMRC are claiming back tax from me as they stated

Resolved Question:

I am PAYE andHMRC are claiming back tax from me as they stated that i did not produce P11D forms for 3 years, i contacted my employer who confirmed they were sent to HMRC, HMRC now admitt that they did infact recieve the P11D,s on time for each year in question and it was their failure not to use them when setting my take code, they are still pursueing me for the monies, am i liable as it was their mistake.
Submitted: 3 years ago.
Category: Tax
Expert:  TaxRobin replied 3 years ago.
Hello,
Generally it is the employer that makes the mistake and that is normally still placing the liability to pay on the worker (you).
HMRC will consider the explanation given by the employer. If HMRC agree that the employer has made an error in good faith and they have a reasonable explanation, then HMRC may direct that you should pay the under-deducted tax.
That Direction will carry a right of appeal if you think that HMRC have made the wrong decision. The appeal procedure should have been detailed in any Direction Notice sent to you.
Where tax is due, while HMRC, the Adjudicator, or the Parliamentary Ombudsman are dealing with your complaint, you should continue to pay the amounts due. You can request any amount back when you receive the correction.
Here is an url to the helpsheet on making your complaint:
http://www.hmrc.gov.uk/factsheets/complaints-factsheet.pdf
The sheet explains all the processes to take to get HMRC to put this right.
If you do not want to go through this on your own then you may wish to have your tax professional deal with this for you.
TaxRobin and 2 other Tax Specialists are ready to help you
Customer: replied 3 years ago.

It was not the employer who made the mistake, the employer has proved that they sent the P11D,s on time and HMRC have acknowleded that fact and have admitted they did not act on the information they were provided with, i would have though they had a duty to act timeously on information they have been provided with.

Expert:  TaxRobin replied 3 years ago.
I understand that HMRC made the mistake. My first statement was meant to add more info and let you know how these situations are handled. Perhaps I offered too much information.
HMRC does have a duty to correct their mistakes.
The url I offered you will walk you through the steps to take.
You will need to file a complaint.
http://www.hmrc.gov.uk/factsheets/complaints-factsheet.pdf
Copy and paste the above address in your address bar.(I would have made a link fo ryou but the system is not allowing that right now.)
The sheet explains all the processes to take to get HMRC to put this right.