Refund from HMRC
Author
Discussion

thekingisdead

Original Poster:

317 posts

162 months

Wednesday 5th February 2020
quotequote all
I’ll try and keep this simple:

I was recently helping my GF do her self assessment tax return and noticed that her employer had until very recently, been making pension contributions from her net pay, with the pension company re-claiming the 20% basic rate tax relief.

I asked if she’d been re-claiming the further tax relief (she’s been a higher rate payer for the entire duration of employment)....to which I got a blank look.

To cut a long story short we’ve gathered all the info and contacted HMRC who have begun the process of updating records and issuing re-funds etc. All well and good, except:

When updating for the tax year 2015/16, HMRC advised that for this year she was underpaid, so instead of ~£1000 refund, she only received ~£300.

My issue is that HMRC admitted / stated on the phone that the underpayment had already been repaid (in a later tax year - 2016/17 through PAYE)

So by my (perhaps flawed) logic she has re-paid this tax twice. I asked the person at HMRC to confirm that the underpayment had been re-paid, which they did, but told me that she was unable to not ‘collect’ this money again for 2015-16 amendment, as the system is effectively time stamped and won’t take into account the repayment in a later year.

Does this sound correct?
I’m reasonably au fait with self assessment, but have no direct experience of dealing with the idiosyncrasies of HMRC and their system.

Combined we’re dealing with ~£4K of refund, so it’s worth getting right!
Thanks,

Eric Mc

125,609 posts

294 months

Wednesday 5th February 2020
quotequote all
HMRC has a three year time limit for refunds - but no time limit for collecting arrears.

anonymous-user

83 months

Wednesday 5th February 2020
quotequote all
I believe the normal time frames for HMRC to pursue prior year underpaymrents are,

Innocent behaviour - 4 years from the end of the relevant tax period
Careless behaviour - 6 years from the end of the relevant tax period
Deliberate behaviour - 20 years from the end of the relevant tax period

https://www.gov.uk/hmrc-internal-manuals/complianc...

rlg43p

1,611 posts

278 months

Wednesday 5th February 2020
quotequote all
thekingisdead said:
I’ll try and keep this simple:

I was recently helping my GF do her self assessment tax return and noticed that her employer had until very recently, been making pension contributions from her net pay, with the pension company re-claiming the 20% basic rate tax relief.

I asked if she’d been re-claiming the further tax relief (she’s been a higher rate payer for the entire duration of employment)....to which I got a blank look.

To cut a long story short we’ve gathered all the info and contacted HMRC who have begun the process of updating records and issuing re-funds etc. All well and good, except:

When updating for the tax year 2015/16, HMRC advised that for this year she was underpaid, so instead of ~£1000 refund, she only received ~£300.

My issue is that HMRC admitted / stated on the phone that the underpayment had already been repaid (in a later tax year - 2016/17 through PAYE)

So by my (perhaps flawed) logic she has re-paid this tax twice. I asked the person at HMRC to confirm that the underpayment had been re-paid, which they did, but told me that she was unable to not ‘collect’ this money again for 2015-16 amendment, as the system is effectively time stamped and won’t take into account the repayment in a later year.

Does this sound correct?
I’m reasonably au fait with self assessment, but have no direct experience of dealing with the idiosyncrasies of HMRC and their system.

Combined we’re dealing with ~£4K of refund, so it’s worth getting right!
Thanks,
Sounds like bks. There's no way it is reasonable to collect the money twice. I'd put this all in writing in a letter to HMRC and get them to sort it out, rather than trying to make sense of this over the phone.

The Leaper

5,694 posts

235 months

Wednesday 5th February 2020
quotequote all
rlg43p said:
Sounds like bks. There's no way it is reasonable to collect the money twice. I'd put this all in writing in a letter to HMRC and get them to sort it out, rather than trying to make sense of this over the phone.
….and maybe do so via HMRC complaints procedure?

R.

Eric Mc

125,609 posts

294 months

Wednesday 5th February 2020
quotequote all
rockin said:
I believe the normal time frames for HMRC to pursue prior year underpaymrents are,

Innocent behaviour - 4 years from the end of the relevant tax period
Careless behaviour - 6 years from the end of the relevant tax period
Deliberate behaviour - 20 years from the end of the relevant tax period

https://www.gov.uk/hmrc-internal-manuals/complianc...
There is no time limit regarding fraud.

caziques

2,842 posts

197 months

Wednesday 5th February 2020
quotequote all
rockin said:
Deliberate behaviour - 20 years from the end of the relevant tax period
I should be OK now, left UK 29th December 1999. Tony Blair didn't wave back.