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bigduckontax, Accountant
Category: Tax
Satisfied Customers: 4763
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Hi Joanne / Samantha,I have as you advised contacted the

Customer Question

Hi Joanne / Samantha,
I have as you advised contacted the Inland revenue in Liverpool on the 26th Sep 2014, they passed the issue to Newcastle for a ruling and the decision is that they can’t review this payment without me submitting a self assessment tax return for 2014 -2015. As this will show the pension payment as being in this Tax year this doesn’t allow me to set the payment off against the previous year’s unused tax allowance.
This advice was given to me by L McMillan dated 13th November 2014 HMRC Ref: 17500 65422.
I believe I have been patient and done all I possibly could to in the 1st place to obtain the company pension, and secondly to resolve the issue of tax liability.
It is now time for the CO-OP to provide a solution as it is the error on the CO-OP’s part that has caused this problem.
With regret your action and error are leaving me no alternative than to consider taking this to the Pensions Ombudsman as I don’t consider it reasonable on the part of the CO-OP to expect me to take any more time or go to any expense to sort out a situation that is entirely of the CO-OP’s making.
I will expect a solution from the CO-OP by Mon 1st Dec. after the 1st Dec any further time I have to devote to this issue will be charged to the CO-OP at a rate of £20 per hour + expenses. Phone calls will be charged at £1 per minute (regardless of incoming or outgoing)
This issue has been ongoing since September 2013 it is now time to bring closure.
Yours sincerely
Geoff j Slater
Dear Mr Slater,
Having looked into this and discussed the situation with the HMRC, we are not able to assist you any further with this matter. The HMRC will only deal with you.
It is likely that as the payment was made this year, they will not offset the prior year’s pension payment from the 2013-2014 tax allowance.
I am sorry that this is not the answer that you were looking for.
Kind regards,
Submitted: 3 years ago.
Category: Tax
Expert:  bigduckontax replied 3 years ago.

Hello, I'm Keith and happy to help you with your question.

Technically arrears are liable for Income Tax in that tax year to which they relate.

However, The HMRC advice sheet, PAYE70023, warns that if the employer pays arrears as a lump sum the they are assessed for PAYE in the year of payment so the CO-OP's accounting treatment would appear to be correct.

By the way the Inland Revenue was combined with HM Customs and Excise some years ago to form HMRC.

I am so sorry to have to rain on your parade.

Customer: replied 3 years ago.

Hi Keith,

HMRC have already explained the tax situation so your info is nothing i didnt already know, however i need to know the Co-op's liability for the finacial; loss and the distress it has caused. I am being treated for mental health issues.

My understanding is if I am financially worse off by an error, mistake or delay they could be responsible to make up that loss.

I also believe that they are responsible for a Non- Financial loss for inconvenience / distress.

I need to know what my position is and what there liability is.

Kind regards


Expert:  bigduckontax replied 3 years ago.
This now makes your query purely legal so I will transfer it to an appropriate expert.
Customer: replied 3 years ago.

Hi not sure how to answer your query what info do you require the view responce anly returns to this page!!:

I'm ready to answer your Tax question, but I need some more information from you to provide a full answer. Please answer me as soon as possible so that I can get back to you right away. View my response >

Expert:  bigduckontax replied 3 years ago.
I have requested a transfer to Legal, Employment, but as the question has already been recategorised once it awaits a moderator's decision.
I will opt out now.
Customer: replied 3 years ago.

Ok thanks for your advice do I just wait for contact.



Expert:  bigduckontax replied 3 years ago.
Delighted to have been of assistance.