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Sam, Accountant
Category: Tax
Satisfied Customers: 14157
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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Dear Sir/Madam, I am a 64 years old working as an agency nurse

Customer Question

Dear Sir/Madam, I am a 64 years old working as an agency nurse since 2000, I paid my income tax as PAYE until now and still is. I received my state pension since October 2008
HMRC said I owed tax of £ 17,000 over the five years peroid.Suddenly Nov. 2011 HMRC sent self assessment returns from 2008 till 2011 for me to complete. CAB Epsom advised and assissted me to fill in the forms and were rturned to HMRC Cardiff office.
Since I am an agency nurse from 2000 I am classified as self employed, I never claimed on travelling expenses and other expenses relating to my contract works, approx £ 3000 yearly for 13 years around £39,000.Can I claim back these expenses or counter claim against the £ 17000 tax owning ??
My husband had been very ill with liver problem around November 2011, the assessment forms were delayed in return. A letter said I was fined £ 200, then after I explained my circmstances ,another letter said I did not owe any fine.Then 3 months later HMRC said I owe £ 200 and then I sent a letter to explain my circumstances to Northern Ireland HMRC office and still awaiting for the out come.
Now HMRC is regarding me as a self employed, and wants Self Assessment forms to be sent yearly to their office therefore last month I received a letter that I owe £ 800 as their office said they did not received the self assessment forms for 2011 -2012. I never received the self assessment forms for that peroid. As I carried on paying my income tax as PAYE, I did not regard myself as a self-employed until now.
what is my situation in this case ??
My house is on an interest only mortgage and contract is ending 0n 15-11- 2013. I am trying to get an extenison for this mortgage other wise my husband and I will be homless.
I am travelling up to yorkshire for agency work to pay the mortgage and this harressment
from HMRC is very distressing and feeling of hopelessness. Can I make an appointment to see a tax advisor without a costly bill at the end of the meeting ? My name is XXXXX XXXXX Mobile XXXXXXXXXXX [email protected] Thank you, XXXXX XXXXX to hear from you. Lena Broadhurst
Submitted: 4 years ago.
Category: Tax
Expert:  Sam replied 4 years ago.

Hi Lena


Thanks for your question and I am so sorry to hear of the problems you are facing, alongside with the worry of your husbands health.


First can I ask you gas stated that you are self employed? The agency or HMRC?

Are you having tax and National Insurance deducted from the agency work, and did you receive payslips. On these payslips did you have a tax code operating (like 810L etc)

Did you contact HMRC when your state pension began, or receive form P161 to fill in, asking about your income position?


This information will help me establish what the position is.






Customer: replied 4 years ago.

I. In my nursing agency contract I am regard as a contract worker, I go to different NHS Trust to work on a daily basis.but by law I am still liable to pay tax and NI contributions and to be deducted at sourceSince 2008 October I did not pay NI contrib. because of age exemption ( 60).

2. Tax code is K131 and My NI is YS069644A /C



3. I did not remembered received any form from HMRC when I started to receive state penison October 2008. I did not realised I had to pay tax on my state penison.

Expert:  Sam replied 4 years ago.



Thanks for your response


Then what makes you think you are self employed ? AS you are an employee, entitled to claim expenses, that have been incurred through the performance of your duties.

So mileage is acceptable as is costs for car parking, you are also entitled to a flat rate expense for your uniform (laundering of)


Yes state pension is taxable, although tax can not be deducted from it directly, so it is included in your tax code, to cover it fully by your personal allowances (as seems to be the case now, but I would think this was not the case before)


However you may have a small course of action to appeal, as I am sure the unpaid tax has arisen due to the fact that either

1) State pension had not been included in your tax code number from 2008 to recent date OR

2) You were awarded two sets of personal allowances, one for the state pension and the other against the agency employment.

But the unpaid tax has NOT arisen due to you being treated as self employed, are you perhaps thinking that you have been asked to complete self assessment tax returns because HMRC think/assume this is the case? AS its not just self employed individuals who complete self assessment tax returns, they are issued for a variety of reasons.


Can you advise which is the case, then I can see if there is scope to appeal any of the unpaid tax that has arisen.







Expert:  Sam replied 4 years ago.



I would still like to assist you with your question, are you able to provide the information asked for ?