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Sam
Sam, Accountant
Category: Tax
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I have a tax bill of £419.51 but I have late fees taking the

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I have a tax bill of £419.51 but I have late fees taking the bill to £1200,can I appeal this? Can I also get any payments option as I can't pay the amount in full? Thank you
Submitted: 1 year ago.
Category: Tax
Expert:  Sam replied 1 year ago.
Hi
Thanks for your question
Can you advise how it has come about that the fees have arisen? QWhy was this tax due late - did you file the tax return late - or did the tax return have to be amended ?
I can then see if there are grounds to appeal - and yes of course you can ask HMRC for a payment plan - you just call them and ak for a payment arrangement.
But lets see if there is anyway we can sort out these penalties first
Thanks
Sam
Customer: replied 1 year ago.
Hi Sam. Thanks for getting back to me. The fees came about due to my (estranged )wife getting some sort of child allowance of which she is entitled to. However as we still share a house then hmrc wanted the money from me. I had fully intended paying as I earn more than her. I forgot!!!! I did get the gateway password n didn't do anything with it. The next letter I received is the one today with all the extra fees. I work full time and I pay all my tax through the paye at work
Expert:  Sam replied 1 year ago.
Hi
Is this in relation to the Child Benefit huger rate charge - if so, and you are separated them you just appeal the amount should not be charged to you as not a couple (unless you were at the time)
As sadly many separated parents have to remain in a house share situation as neither can afford to move out.
Can you also advise for what year this relates to?
Can you advise further
Thanks
Sam
Customer: replied 1 year ago.
Sorry I have taken so long to reply. Had to wait to confirm with Caroline (estranged wife). Yes it has to do with the child benifit. It says on my letter that the penalty for late filing is from 13/14 £300. Also daily penalty for 13/14 £900. We have been separated for 3 years but as you said it's very difficult to move out the house we share due to financial circumstances. Looking forward to your reply Sam. Thanks
Customer: replied 1 year ago.
I have sent you a picture of the letter I received. I hope I have manage to send it correctly
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response and no problem about your delay - even as experts we pop in and out around clients and personal day to day life !
Then I would appeal against this on the basis that you permanently separated back in 2012/2013 and the child benefit claim was made in view of Caroline being a single entity with the children and therefore the child benefit charge does not apply.
HMRC legislation states that the higher child charge only applies when
Meaning of “partner”
(note this is the same as for tax credits)
(1) For the purposes of this Chapter a person is a “partner” of another person at any time if any of conditions A to D is met at that time.
(2) Condition A is that the persons are a man and a woman who are married to each other and are neither—
(a) separated under a court order, nor
(b) separated in circumstances in which the separation is likely to be permanent.
(3) Condition B is that the persons are a man and a woman who are not married to each other but are living together as husband and wife.
(4) Condition C is that the persons are two men, or two women, who are civil partners of each other and are neither —
(a) separated under a court order, nor
(b) separated in circumstances in which the separation is likely to be permanent.
(5) Condition D is that the persons are two men, or two women, who are not civil partners of each other but are living together as if they were civil partners.
You fall into the category of 2b in so far as that you were a married couple who have separated permanently, and if you have any additional to support this (such as Caroline making a tax credit claim as a single claimant or legal advise sought at this time pr any other legal registering of the separation (change of bank accounts etc etc) then this will furtehr strengthen your appeal.
But this at least will get a review of appeal in place for HMRC to consider.
Do let me know if I can be of any further assistance, but please do take the time out to rate (accept) the level of service I have provided.
Thanks
Sam
Customer: replied 1 year ago.
We do have separate bank details and accounts and we do live separate lives. How do I start the process of an appeal? What happens from here? Thanks
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response
You draft a letter appealing against the demand and the penalties - and list your reasons why
Send it to HMRC either special or signed for delivery - and keep a copy of the letter for your records, then await HMRC to review the appeal and they should reduce the amounts to NIL as you clearly have grounds here.
Let me know if I can be of any further assistance, but it would be appreciated if you could rate the level of service I have provided (or click accept)
Thanks
Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13810
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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