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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2969
Experience:  Director and Principal Solicitor. UK
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HMRC sent me a letter (which I never received) asking for

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HMRC sent me a letter (which I never received) asking for proof of non-uk residence. They told me it stated that I had 28 days to send the boarding cards etc. or face an immediate 300 pound fine. As I was on holiday for 8 weeks I only received their second letter two months after leaving, stating that I was shortly to be charged 60 pounds per day in addition! Is it legal for them to send such short notice penalties and does it mean I had better never leave home again in case they do this again?
Customer: replied 10 days ago.
This was their first request for these documents and it was not expected that I provided them until they were asked for. They also have my email and I have an online account with HMRC, so they could easily have messaged me for any documents, but decided to wait until the Xmas period to ask for them.

Good day your question was sent to me to see if I may be of assistance.

Why was the letter sent to you?

Customer: replied 10 days ago.
Because I am claiming non-uk residence so they asked me to provide evidence
Customer: replied 10 days ago.
I suppose my general question is: can the HMRC send you a letter with an attached threat/penalty with only 28 days to comply, when I never agreed that I would stay at home all year round waiting for such a letter?
Customer: replied 10 days ago.
There is no requirement to send documents until they ate asked for
Customer: replied 10 days ago.
My concern is not just 300 pounds, but 30 x 60 pounds in addition. Is there anything in law about the legality of a penalty when it's magnitude is not conveyed to people in advance?
Customer: replied 10 days ago.
IE could they charge me 100,000 with 3 days notice to comply?
Customer: replied 10 days ago.
I understand that this may be a tax question, in which case there is no need to reply (if it is outside of your expertise). I would hope that I could have a refund in that case.

This seems to be outside my area of expertise. I will therefore opt out for someone more suitable to respond. Do not respond to this thread, as that will delay the reassignment process.

 

Good morning, there are no special laws on when the HMRC can send you notices. If you are not there and haven’t received their notice you can validly Appeal the penalty by shoring the evidence you could not have responded as you were abroad . All they would need to show is they sent the notice and the rule is that where communication is by post it is deemed to be served on you 2 days from date of posting it. The additional penalty will too be valid if you ignored first notice however each case depends on its specific facts, Hmrc csn and will consider representations and they do change their position often. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best
Customer: replied 9 days ago.
Thank you for your reply. It seems extremely harsh to ask for documents and attach potentially limitless fines for non-compliance with a response time of their own choosing, especially when they could contact me by email. I'm only glad I'm leaving the country on that basis alone. Could I add that it appears they did not add my postcode to my address (which they had), so might this add further weight to my appeal?
Hi, I know it does but in civil proceedings the notice period is generally 14 days or 28 days so if they ended up in court frankly they would not be found to not have given reasonable notice. Yes defjni you can tell them that. If it came by post and with no post code it could have been delivered to somebody else’s address who kept it and only took it to your address at a much later stage. It was not correctly addressed so really it could have taken much longer to be served on you because of their omission. You must raise this and it might just deal with daily interest they have added.
I would be most grateful for your rating at this stage all the best
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2969
Experience: Director and Principal Solicitor. UK
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Customer: replied 8 days ago.
Thank you very much for your advice
Customer: replied 8 days ago.
It appears that payment has been accepted. Please contact me if not.

You are most welcome and thank you for your rating