HMRC VAT Party Brewery Organise couldn't

HMRC VAT Party Brewery Organise couldn't

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Leftie

Original Poster:

11,800 posts

236 months

Friday 13th July 2007
quotequote all

How frustrating are they?

VAT due to be paid Wednesday, had a call from my old bank saying they had received a DD for the VAT and had insuficient funds. I had told HMRC and had confirmation 6 weeks ago that I had changed the bank account from which they should take the VAT money each quarter.

Called HMRC, yes they had the new account details and it would be taken later that day. I checked it every few hours all day wednesday and tHuirsday and first thing this moring and itt wasn't so this morning I rang the VAT 'helpline' who tell me the DD hasn't been changed and I had to ring their finanace unit in London. They gave me a number (the wrong one) and I spoke to some gormless chuff who effectivey said it wasn't her counter and she couldn't put me through because the switchboard didn't start work until 9am.

I suspect they will be chasing me for payment very soon and I wil have to spend more time putting this right.

jacobyte

4,726 posts

243 months

Friday 13th July 2007
quotequote all
We were fined for being just a few days late with VAT payment (second 'offence'). The returns themselves were submitted on time, but not the payment (but that followed shortly after). As a young and small business with some clients on 90 days payment terms, it just wasn't possible. Cash accounting wasn't realistic either for various reasons.

It's un-bleeding-believable how uncooperative and inflexible they are. Over £2.5K fine for a few days late; serious criminals will get less than that, and a fecking holiday in the Canaries, to boot.

Ah well, at least we're 'over the hump' now, but their incompetence and unsupportive attitude is hard to forget.

Eric Mc

122,107 posts

266 months

Friday 13th July 2007
quotequote all
That seems awfully harsh for a 1st offence?

In fact, they often don't "fine" at all for an initial late payment.

Are you sure it was all a "fine"?

They also charge "Interest" (referred to as a "Default Surcharge".

Leftie

Original Poster:

11,800 posts

236 months

Friday 13th July 2007
quotequote all
jacobyte said:
We were fined for being just a few days late with VAT payment (second 'offence'). The returns themselves were submitted on time, but not the payment (but that followed shortly after). As a young and small business with some clients on 90 days payment terms, it just wasn't possible. Cash accounting wasn't realistic either for various reasons.

It's un-bleeding-believable how uncooperative and inflexible they are. Over £2.5K fine for a few days late; serious criminals will get less than that, and a fecking holiday in the Canaries, to boot.

Ah well, at least we're 'over the hump' now, but their incompetence and unsupportive attitude is hard to forget.
So far I have had 3 wrong numbers (they gave me the Bank of England BACS team ("what do you expect me to do?&quotwink who sent me to the Bank of England DD team ("not my counter&quotwink who sent me to the paymaster general ( "Not us mate&quotwink. Finally I ended up back at the helpline who gave me a different electronic helpline who contradicted what I had been told on Wednesday about there being a D in place and gave me the number of their DD team who promised to fax me a paper DD (and didn't).

I am now late with payment and have wasted several hours trying to sort it out having been assured it was all Ok on Wednesday.

So much for E-Government.

Eric Mc

122,107 posts

266 months

Friday 13th July 2007
quotequote all
Since HMCE and IR merged, the VAT side of the system does seem to be falling apart.

The move to centralised processing of VAT has been little short of disastrous.


StuMartin

1,706 posts

238 months

Friday 13th July 2007
quotequote all
jacobyte said:
We were fined for being just a few days late with VAT payment (second 'offence'). The returns themselves were submitted on time, but not the payment (but that followed shortly after). As a young and small business with some clients on 90 days payment terms, it just wasn't possible. Cash accounting wasn't realistic either for various reasons.

It's un-bleeding-believable how uncooperative and inflexible they are. Over £2.5K fine for a few days late; serious criminals will get less than that, and a fecking holiday in the Canaries, to boot.

Ah well, at least we're 'over the hump' now, but their incompetence and unsupportive attitude is hard to forget.
How long ago was this?

jacobyte

4,726 posts

243 months

Friday 13th July 2007
quotequote all
2007. Sorry, it wasn't officially a fine but as Eric says, "surcharge" based on a percentage of vat owed. Same thing though.

Eric Mc

122,107 posts

266 months

Friday 13th July 2007
quotequote all
Legally no.

Interest charges are based on "restitution" to the Exchequer - not a punsihment on the late payer.

The Revenue's argument is that you held on to the money too long and therefore they were deprived of it at the time it was rightfully there's. They could have earned interest on that money, so, they claim the lost interest from you.

Conversely, YOU could have gained some additional interest by keeping the money in your bank account instead of paying it to the Revenue when it was due.

jacobyte

4,726 posts

243 months

Friday 13th July 2007
quotequote all
The surcharge is not interest. It is a charge of a certain percentage of the amount of VAT overdue, irrespective of whether it is overdue by one day or one year.

Unless of course my understanding of "interest" is incorrect.

If it were interest, then yes, I wouldn't have a problem with it. What I have a problem with is the HMRC's inflexibility and unsupportiveness of small businesses, not only in their actions, but also their very rude trafficwardenesque letters.


Leftie

Original Poster:

11,800 posts

236 months

Friday 13th July 2007
quotequote all
Had to send them a cheque in the end as the new direct debit (set up after 3 calls and 3 faxes) can't collect on old returns. Seems it is not enough to tell them you have changed banks, you have to tell a different unit by phone and then letter/fax so they can set up a new DD.

Eric Mc

122,107 posts

266 months

Saturday 14th July 2007
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They do.

Eric Mc

122,107 posts

266 months

Saturday 14th July 2007
quotequote all
They certainly do on overpaid tax - but they call it a "Repayment Supplement" rather than "Interest".

StuMartin

1,706 posts

238 months

Monday 16th July 2007
quotequote all
jacobyte said:
2007. Sorry, it wasn't officially a fine but as Eric says, "surcharge" based on a percentage of vat owed. Same thing though.
Did you consider appealing their decision / requesting an independent reconsideration?

jacobyte

4,726 posts

243 months

Monday 16th July 2007
quotequote all
Yes, telephoned first, then they gave me the address for appeals. So I sent a very polite and informative letter to the appeals. They sent me the rather long snotty reply, saying we can take it to an independent tribunal if we wish, but if it's late then it's late, irrespective of whether it makes sense for them to support fledgling businesses.

I quote: "the law does not consider lack of funds to be a reasonable excuse for late payment of VAT due."

Taking it further would be more expensive (in terms of time lost) than the actual amount of the fine (sorry, 'surchage' wink), so there's no point. Furthermore, it is unlikely the decision would change, as 'the payment was late, period, innit, amibovvered, computersaysno'. They win.

Eric Mc

122,107 posts

266 months

Monday 16th July 2007
quotequote all
Being dead is not a valid excuse for being late.
Although having a hangover because Birmingham City were knocked out of the UEFA Cup was allowed as a valid excuse for a late return.

Leftie

Original Poster:

11,800 posts

236 months

Monday 16th July 2007
quotequote all
Leftie said:
Had to send them a cheque in the end as the new direct debit (set up after 3 calls and 3 faxes) can't collect on old returns. Seems it is not enough to tell them you have changed banks, you have to tell a different unit by phone and then letter/fax so they can set up a new DD.
Today they wrote sayiong the D had been cancelled.

I know mate, I cancelled it, just as I told you last week and if you look in your mail bag you have the cheque.

arfur

3,871 posts

215 months

Tuesday 17th July 2007
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Leftie ... YHM

Dave_ST220

10,297 posts

206 months

Tuesday 17th July 2007
quotequote all
Eric Mc said:
Legally no.

Interest charges are based on "restitution" to the Exchequer - not a punsihment on the late payer.

The Revenue's argument is that you held on to the money too long and therefore they were deprived of it at the time it was rightfully there's. They could have earned interest on that money, so, they claim the lost interest from you.

Conversely, YOU could have gained some additional interest by keeping the money in your bank account instead of paying it to the Revenue when it was due.
Slightly O/T but could the same not be said for income tax? I've been told i must pay 50% of my NEXT years tax at the end of January, the other half due the end of July. That money usually wouldn't leave my (high interest) account for another 12 months-will they pay me interest?

Eric Mc

122,107 posts

266 months

Tuesday 17th July 2007
quotequote all
No - unless the Payments on Account turn out to be higher than the actual liability.

Say your ultimate 2007/08 tax liability comes to £5,000. and say the two payments on account you made on 31 January 2008 and 31 July 2008 respectively come to £6,000 (this can happen) - this means that you will have overpaid your overall 2007/08 tax liability by £1,000.
In those circumstances, the Revenue will DEFINITELY pay you some interest.

Edited by Eric Mc on Wednesday 18th July 09:13

Dave_ST220

10,297 posts

206 months

Wednesday 18th July 2007
quotequote all
Thanks for that wink