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bigduckontax
bigduckontax, Accountant
Category: Tax
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I have leased a shop to Wm ll, about 6 years ago they

Customer Question

I have leased a shop to Wm Hill, about 6 years ago they started paying extra sums on top of their agreed rent. Now they have discovered they have paid one quarter rent (over 5 years ago) by error and they having been paying me VAT(for the last 6 years) on top of my rent giving me a much higher rental than due. I am zero vat registered.
I have paid tax on the full rent, however Wm hill is demanding that I pay back the one quarter rent and the vat they have been paid for the full 6 years
I had never requested they should pay vat on the rent at anytime nor was I aware they were adding vat on the rent
what are my rights ?
Submitted: 5 months ago.
Category: Tax
Expert:  bigduckontax replied 5 months ago.

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

Please advise what you mean by 'zero vat registered?' Do you mean that you are not registered for VAT? Please advise then I can address your question fully.

Customer: replied 5 months ago.
I am not registered for vat
Expert:  bigduckontax replied 5 months ago.

Hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. Your problem is relatively simple, but its resolution may be a tad time consuming.

You have been overpaid, albeit by an error by the tenant, and must repay these over payments. It is as simple as that. However, under Scots Law there is a five year limitation so all is not lost and you need only go back that far.

As for your tax position you will have to go the HMRC by letter setting out the position and seek to revise your tax returns. Don't forget to include your NI number and UTR if you have one in your letter. It may be possible to reclaim on line, but I think in your circumstances this is unlikely and the letter approach a better method. Here is the link for reclaiming on line:

https://www.tax.service.gov.uk/gg/sign-in?continue=%2Fforms%2Fform%2Fclaim-a-tax-refund%2Fnew&accountType=individual

I do hope that my reply has been of assistance.

Expert:  bigduckontax replied 5 months ago.

Post to clear my question list.

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