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bigduckontax, Accountant
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I have been battling the Inland Revenue and HMRC 11 years

Resolved Question:

I have been battling the Inland Revenue and HMRC for about 11 years over a variety of matters. Finally, 2 years ago, I paid my tax bill by cheque with an accompanying letter which offered the cheque in full & final settlement of all debts between us. HMRC presented the cheque but are still demanding payment of earlier tax which was used to contra the amounts owed to me by HMRC from 2004/5. They have now reduced my tax code which is applied to my occupational pension.
I need to stop them but my letters pointing out that they are owed nothing are mostly ignored or answered in a very political way; i.e. not really answering or wholly ignoring my points and questions.
What is your view?
Submitted: 10 months ago.
Category: Tax
Expert:  bigduckontax replied 10 months ago.

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

When you wrote to the Department offering the cheque in full and final settlement did the Department immediately refuse the offer?

In the interim you should write to the HMRC office which has reduced your tax code asking for it to be corrected as you have no outstanding tax owing.

Customer: replied 10 months ago.
The department did not immediately refuse the offer; that is something they tried one month ago and have stated that my 'request' for a full and final settlement has been refused but that is from conditional payments sent to them in January 2014 and January 2015. I shall, however, reply to their letter in the form you have suggested once I have completed my 2015/16 tax return and have calculated the tax owing for the 2016/17 tax year (my year ends on 30th April annually). I shall also remind them that I never made a 'request' as the tax official has suggested but both were conditional payments; by banking both cheques they have accepted my conditions, and that is why there is no tax payable.
Customer: replied 10 months ago.
I am not sure if my reply has been sent so I am sending it again. Sometimes, better twice that not at all so if you've received my reply already, please disregard this rambling.
Expert:  bigduckontax replied 10 months ago.

I am inclined to agree with your interpretation. Tour intimation is not a request as HMRC indicate, but a statement of fact. A creditor can take a payment annotated as a full and final settlement, but must immediately repudiate that if they wish to keep the debt in place. HMRC, in its usual sloppy way, did not do this and now try to interpret the law as they would like it to be not what is the reality, tough on them!

You are in for a long battle, just keep plugging away. I recall one similar case in which I was involved when the Inland Revenue as it was then sent the case to the Treasury Solicitor for recovery. His response was short and pithy; 'If you make stupid statements like the one quoted in your letter you do not have a leg to stand on in Court!' Mark you, that only happens from time to time.

Expert:  bigduckontax replied 10 months ago.

I am inclined to agree with your interpretation. Your intimation is not a request as HMRC indicate, but a statement of fact. A creditor can take a payment annotated as a full and final settlement, but must immediately repudiate that if they wish to keep the debt in place. HMRC, in its usual sloppy way, did not do this and now try to interpret the law as they would like it to be not what is the reality, tough on them!

You are in for a long battle, just keep plugging away. I recall one similar case in which I was involved when the Inland Revenue as it was then sent the case to the Treasury Solicitor for recovery. His response was short and pithy; 'If you make stupid statements like the one quoted in your letter you do not have a leg to stand on in Court!' Mark you, that only happens from time to time.

bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3369
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 10 months ago.

Thank you for your support.

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