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Hello Harry, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question.
Well you can try, but I suspect that HMRC will hold to their rather questionable action. In any event, it will all come out in the wash so to speak when the Tribunal make their decision known, hopefully in your favour.
I am sorry I cannot be more helpful here.
I appreciate that, but there is some doubt as to whether their action, which might be considered unethical. is actually improper.
I would suggest that under those circumstances I am. However, as far as HMRC are concerned here is a comment from Accounting Web:
'Spoke to HMRC about why repayment was being witheld and was told that repayment would not be authorised until after the conclusion of an enquiry into the 2012 Partnership Tax Return. Can HMRC do this - presumably if a net payment was due it would have to be offset against the total tax payable. '
HNRC are well known for applying the law as they would like it to be not what it actually is. Perhaps this explains why that Department looses the majority of appeals.
In my opinion you are on a hiding to nothing here. If you ultimately win the case then HMRC will pay you interest on the tax withheld. HMRC will just prevaricate and say that in their opinion the tax treatment is correct.
I am rather surprised at you negative rating. You stated:
'Yet I have been left with the impression that they make things up as they go along, without reference to the law or indeed justice, because they can and they are not answerable or, ironically, accountable, to anyone.'
My answers merely confirmed this feeling.
I submit that the grading should be revised.
That is as may be, I could not possibly comment. However, it is pertinent that these days HMRC loose most of the appeals taken against their decisions so the accounting profession is scarcely in their pocket!
Thank you for your support.