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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13975
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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My Wife and I were directors of a few companies over the

Customer Question

My Wife and I were directors of a few companies over the last 15 years.
during 3 of those years Tax was paid by my wife of about £160,000 in total.
this was recommended by our accountant as the most efficient way to declare it.
It transpired that I was involved in a large scale finance fraud which lead to a 64 month prison sentence and a £20,000,000 Proceeds of Crime benefit figure. This has left me with no assets or money etc.
Question: Is my wife able to re-claim the tax paid by her for the income declared during this period as 1) it was not in fact legitimate income and which has now been included in the POCA confiscation case, and 2) She was not involved in the fraud in any way.
In actual fact, I was not aware of the fraud either, but sadly duped into assisting in a major crime.
Submitted: 11 days ago.
Category: Tax
Expert:  Sam replied 11 days ago.

Hi, Sam here , one of the UK tax Experts here on Just Answer, thank you for your question and I shall reply shortly

Expert:  Sam replied 11 days ago.

HI

The tax suffered should have been offset against the amounts that were being recovered as I assume there was a correct tax position established as part of thei case. All I can advsie is that you write to the department that handles this case for HMRC/POCA to establish what happened to this tax paid over to HMRC and if NOT considered whether it was violable to refund back to your wife.

I feel the answer will be NO as one would assume the tax she paid was accurate for her directorship and salaried position as you state she was not considered as part of the fraud, and if she was then again one would assume this tax was considered in the bigger picture.

I would advise that if you had accountancy/legal representation during this time, you ask them perhaps to handle this matter for you as they would have all the information to hand and can best appraoch this with the relevent beckground and taxation knowledge

let me know if I can assist further

Thanks

Sam