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Sam
Sam, Accountant
Category: Law
Satisfied Customers: 16328
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I am self employed person, due to delaying my self

Customer Question

Hi
JA: Hi. How can I help?
Customer: I am self employed person, due to delaying my self assessment by my accountant I am not eligible to support from govorment
JA: Where are you? It matters because laws vary by location.
Customer: I live in Burton upon trent UK I have just got letter from HMRC confirming that fact
JA: What steps have you taken so far?
Customer: I have been in contact with my accountant, and have been in contact with HMRC
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have all details ready, so if you have anyone free I would like to talk to Lawyer
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Sam replied 1 year 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 1 year ago.

Hi

What tax years were you self employed for

What dates did your accountant get the 2016/2017

20917/2028 and

218/2019 self assessement returns in for you

What were the net Income (so income less expenses)| for each year

What does your accountant say

Amd what specifically does HMRC say

Thanks

Sam

Customer: replied 1 year ago.
Hi, I have been trading for 10 years. Self assessment for year 2018-2019, was put as 0 by my accountant as they told me they are behind with work, and said that will be updated in February. They had all details from me end of January. They were not responsive and only submitted correct return with 18000 profit 19 of may. HMRC wrote me letter, due to 0 number that was put by my accountant, I was not trading according to Hmrc. And late submission was not taken to account as it was too late. All previous years were done correctly
Customer: replied 1 year ago.
I would have to check exact figures for others years, can message them later
Expert:  Sam replied 1 year ago.

Hi

End of Jan would still be too late from hem to meet the 31st Jan deadline - so whether one day late or in this case 4 months late you would still have not been entiled to the grant

Why did you get your papers to them so late ? When the year 2018/2029 can be submitted anytime from 06/04/2019 and you left it until the end Of January - I would have missed a deadline that tight too to be honest

Thanks

Sam

Customer: replied 1 year ago.
I am using Xero software, so they had all details there months before, as I am VAT register, and that was always done on time (all for online shop I am running). Extra information they had from me, was profit and cost for driving instructor Job (two figures), and profit for property I let. They set the meeting with me for end of January, as they had all details in XERO. HMRC gave time till 23 of April I think to amend it if necessary. Accountant informed me that as they were busy they will put estimated figure, and will amend it in February. As they had put my income as 0, HMRC deregister me as self employed person, so I was not eligible for help from them. Proper tax return was done on 19 of May by accountant even if they had all missing details 21.2020 (for year 2018-2019).
I was keep asking them every week to do.
Expert:  Sam replied 1 year ago.

Hi

Thats not what I asked .....you stated that "They had all details from me end of January"

But until you had the meeting to provide the rental income and other small items they could not have processed your return as you statee that Proper tax return was done on 19 of May by accountant even if they had all missing details so did they have all the figures

If HMRC deregistered you from self assessment thinking your self employment had ceased they would have sent you a letter stating this is what they had done - did you not challenge this ?

When did your accountant tell you they were behind - did you make a forma complaint at the time ? If so and you have evidence of this

You have two ways to proceed

1) Appeal HMRC and ask them to review their decsion re the self employed grant stating you had not ceaed self employed and that was an assumption on their part not fact as your tax return didnt indicate this either (sas you are asked have you ceased trading )

2) the accountants and make a compliant HOWEVER your late return in itself would not have prevented you getting this claim because HMRC were allowing an extention for 2018/2019 self assesemnt return right through to 23/04/2020 so claims would be possible which was met as you state it was submitted May 2019

Link here for the criteria of the claim

https://www.rossmartin.co.uk/covid-19/4632-covid-19-proposed-statutory-self-employment-pay-scheme

Thanks

Sam

Customer: replied 1 year ago.
Hi, just want to clarify information I have provided. Accountant submitted my self assessment 19 of May 2020 (for year 2018-2019. (so 1 month after deadline on 23.04.2020. I have never got letter from HMRC saying I had stopped trading. I have received cheque from HMRC with tax refund. I have only found out I was deregister after phone call conversation with HMRC on 19 of May 2020. I have proof of emailed that was sent to accountant. The reason why were late is that they got over by different company, and accountant that was usually dealing with me left company. I have already sent my explanation to HMRC twice. End of January accountant submitted return on my behalf. I was not asked to accept it, and was not aware the he submitted 0. Actually I have never seen what was done by them. I had a phone call conversation with them, and they told me this is normal procedure when they late with work. I have appeal to HMRC twice. I have got letter from them today, that I had attached.
REGARDS ***** *****
Expert:  Sam replied 1 year ago.

Hi

Then you had not stopped trading and whilst your 2018/2029 was late by HMRC criteria it was not so late that it jeopardised your entitlement to the SEIS grant due to COVID19

HMrc deregistered you incorrectly so appeal as you have grounds but I cannot raed the file you attach as its an unrecognisable file needs to be a doc or pdf

But you should also complain to the accountant as already advsied

Thanks

Sam

Customer: replied 1 year ago.
Can you guide me how should I appeal with HMRC? Regards Tom
Expert:  Sam replied 1 year ago.

Hi]

I just have taken note of your latter post your 2018/2029 self assesment was not submitted until 19/05/2020 so over a year late not just 4 months late? is that correct ?

Thanks

Sam

Customer: replied 1 year ago.
Deadline was due 31 January 2020, so less that 4 months late. It was submitted 19 of may 2020. I was still paying VAT on time every quarter. Deadline for self employed support was on 23.04. 2020. So was late less than a month with it.
Expert:  Sam replied 1 year ago.

Hi

Then whilst you should pursue your accountant for compensation as you have no recourse against HMRC - you are not entitled to SEIS due to the late 2018/2019

Sorry I didnt see the fact you had fully missed the SEIS deadline kindly extended by HMRC

Thanks

Sam

Customer: replied 1 year ago.
Thank you. Regards Tom
Expert:  Sam replied 1 year ago.

Hi Tom

Hope you get some much deserved compensation from the accountant and if they do not give you a satisfactory outcome then do write to the governing body with whom they are affilated with,to raise a complaint there

Thanks

Sam