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bigduckontax, Accountant
Category: Tax
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Sort of Income Tax Help Please.I am executor to an estate

Customer Question

Sort of Income Tax Help Please.
I am executor to an estate where a tax returned was sent online each year by accountants. She died 2/6/14/ They did IT return to 5/4/14 and I did R27 to 2/6/14. Both filed 28/10/14. Accountants got a receipt for online submission never anything else saying there was a problem. Heard nothing, I called end December told both received and being dealt with, got letter late January agreeing R27 and asking for 2014 ITR. Rang Feb and was told again mistake , assured had been received could see on screen no penalty arose. Waited again and rang told now R27 all agreed but 2014 ITR had captured a nil return. Asked what that meant they said could not respond as agents had filed. Got agents to ring they were told could not respond as client now dead and could not refile. I got copy of online filed ITR and live signed it but did not date. Sent to HMRC stating to save any further delays here it was ,please finalise. They did and sent me assessment showing £880 due back paid into my exors account. Same post penalty £100 plus penalty £880. Appealed on basis as above. No response, kept bugging me for payment so have paid. How long should I have to wait for result of appeal and is there anything else I should be doing. Can never get response on phone under 30 mins and so stressed by it all now any advice appreciated.
Submitted: 1 year ago.
Category: Tax
Expert:  bigduckontax replied 1 year ago.

Hello, I am Keith, one of the experts on Just Answer, and happy to help you with your question.

Just keep plugging away at HMRC in writing; don't try to use the phone. Not only are there interminable delays, but there is always the chance that in verbal communication the HMRC operative will get hold of the wrong end of the stick if they can even find the stick at all. If it is in writing then you have a hard copy record of what has been discussed. For HMRC to state that 800 quid of over paid tax is due to the estate and then impose a penalty is simply Alice in Wonderland stuff, particularly as HMRC have recently stated that the penalty regime is to be eased.

You simply have to keep writing until your correspondence rises through the hierarchy within the tax office until it reaches an Inspector with rather better knowledge of Income Tax than is currently being displayed. If you, like I have, been faced by an Inspector demanding immediate settlement in cash of tax which was not even due you would appreciate the position. Needless to say the Inspector did not get it and his antics reported to his superiors who immediately withdrew the demand and apologised in writing. So it's back to the word processor!

I do hope that I have shown you the way forward in this matter.

bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3367
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 1 year ago.
Thank you for your excellent support.

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