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TaxRobin, Tax Consultant
Category: Tax
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Experience:  International tax
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Hi, I worked for a company in Switzerland a number of years

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Hi, I worked for a company in Switzerland a number of years ago and had a Swiss bank account. When I started this job I had not arranged accommodation yet and provided my sister in laws UK address as my mailing address. After stopping working for the Swiss company and moving to Singapore, tax was removed by the Swiss authorities from my account and paid to the HMRC. Evidently the Swiss bank had tried to contact us but we had not received the correspondence. I have informed the HMRC that I was not domiciled in the UK at the time and have provided them with my lease agreement and tax return from Singapore as requested by them as proof that I was living in and paying tax in Singapore. HMRC have however informed me that they have no agreed process at the moment for making refunds. The tax was withdrawn in June 2013. I have provided all the data requested of me by HMRC and am considering taking legal action. I am not a UK citizen and do not live in the UK currently and so am looking for a recommendation for a law firm who might specialise in such legal action against the HMRC. Thanks.
Submitted: 2 years ago.
Category: Tax
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola,

Thanks for your response. I am happy to continue to wait for an answer.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi Nicola,

I am happy to continue to wait if you think that you might be able to find someone who can help with my query.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  TaxRobin replied 2 years ago.
Hello,
You may wish to contact Burges Salmon. They appear to have an understanding in dealing with this specific situation.
Tel: +44 (0)(###) ###-####***@******.***
I am not endorsing them specifically as that woudl be against site regulations.
While unfortunate your situation is not unique. There have been a number of instances where account holders have alleged that a one-off payment was levied incorrectly. HMRC's position is that account holders should seek redress from their bank in the first instance. Only if this fails should account holders apply to HMRC for a refund.
HMRC was correct in advising that they have no system in place for considering claims and in the meantime they are asking account holders for details. Unfortunately, the process and criteria for considering these claims are not yet known and it may be some time before they are finalised.
The Swiss Tax Agreement states that HMRC, as the "competent authority", must refund the one-off payment. But HMRC's position is that account holders should seek recovery from the paying agent in the first instance. It is only where individuals have been unable to reach a solution through the paying agent that HMRC will consider claims for a refund of the one-off charge.
Before you continue with the retention of an attorney you may wish to contact the Swiss account holder and make your request.
TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 15308
Experience: International tax
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