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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13917
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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My daughter and husband were receiving child tax credits for

Resolved Question:

My daughter and husband were receiving child tax credits for 2 children. They are now in dispute with HMRC. Despite having a letter from HMRC saying that they, my daughter and husband, did not owe HMRC any moneys they are now being hounded to repay a significant amount of money. HMRC does not acknowledge in any correspondence their letter say that the family does not owe HMRC any money. What should they do now please?
Thank you,
Trevor Kennedy
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.

HI

Thanks for your question

To enable me to advsie further I would need more backgorund information, if that were possible.

But if you are asking for a genral "what steps should we take now" response, then you should get your daughter and husband to appeal formally (if if they have done this AND had the case lookd at again through a further request for the case to be reviewed) then they should and ask that their case be heard by the tax credit tribunal.

I have therefore added a link here from the gov.uk website that provides the stages of appeal and how to make these, right through to the tribinal requet.

https://www.gov.uk/tax-credits-appeals-complaints

Let me know if you wish any further assistance or are able to xpand on their position

Thanks

Sam

Customer: replied 2 years ago.

Thanks for the above Sam, most useful. I will speak with John and Helen later today, They are currently teaching in Qatar.

I will suggest to them that they contact you. Can one conversation be covered with my payment. They are John and Helen Lowe.

Trevor

Expert:  Sam replied 2 years ago.

Hi Trevor

Thanks for your response

If they use your log in and password ***** I am more than happy to continue under the payment you have made - when it suits them to take this frward (They just log in and then click onto the heading MY Questions - and this thread will be sat there,

But it would be appreciated if you could rate (accept) the level of service I have provided so far - as this at least ensures I am credited for my time with you - and then the question will rmein open for them to take this further if they wish.

Thanks

Sam

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Customer: replied 2 years ago.

I believe they were having child credit for two years, they were overpaid so then they were told that the child credit would stop even though they still qualified for the credit at that time, after some time they then received a statement saying that they owed nothing and the taxman owed them nothing. The amount the taxman is now trying to claim is £3000 plus. Over the past 5 year they have been receiving letters asking for payment, they have replied to each letter enclosing a copy of the nil statement and the taxman has consistently failed to acknowledge this statement in any way and just keeps on demanding payment.

Nearly 3 years ago my daughter and her husband moved to Qatar to work in a private English school and they rented their property out in England. They are concerned that the taxman could put a charge against their property.

I know a few years ago there was a lot of controversy regarding these overpayments, do you know if any decisions were made where such overpayments were cancelled out.

Expert:  Sam replied 2 years ago.

Hi

Thanks for the additional information

Can you advise under what conditions that HMRC state that the money is owed back?

I am afraid the NIL statement does not in itself negate the overpayment position, It just means at the time the year was signed off, that it was beleived nothing was owed either way, but clarly there has been an issue since this time, and it may have everything to do with the leving the UK.

This is because if he family moved abroadm, then they only would have continuted to qualify for tax credits for 8 weks following the departure date. But you advise that this relates to more than 5 years ago and they have only lived abroad for just undr 3 years, so it cannot be for this. so could you advise further.

The property coulod be at risk I am sorry to say, but much is dependent on

1) Whether any payments towards this are going to be made

2) Whether the overpayment HMRC state arises is correct

3) The age - which I dd not realise this was a 5 year old issue

But until I know how this arose I cannot really comment further

Thanks

Sam