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The love for HMRC...

burgburg Experienced MentorGloucesterModerator, FMAAT, AAT Licensed Accountant Posts: 1,440
I made an error and mistake claim for a 2007 return back in March as a took on a new client that had failed to claim capital allowances. HMRC have been extremely slow in responding. I called to chase about a month ago and they stated 'As it contains capital allowances it has been allocated to a senior officer to review and they shall write in the next 30 days'

Ok I thought. Anyway recently received the letter that states 'Error or Mistake claims were withdrawn as of 1 April 2010 and replaced by Overpayment Relief. Can I please write back stating that I now wish to make a claim on behalf of the client for Overpayment Relief under Schedule 1AB TMA 1970'

So due to their delay my wording needs to change.

So the months of delay in them dealing with it, they did nothing!

Don't you just love them!
Regards,

Burg

Comments

  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    Wth?!
    *sigh* The problem is, you just have to accept it, as pointing out how stupid they are will not help anyone and just result in more wasted time.

    I would still be inclined to write to them, quoting the new wording, but also saying "However, given my initial request was made in March, when Error or Mistake claims were still applicable, I fail to see the logic that dictates that your delay in processing the letter means I have to write another letter, thus causing more work for all of us, and thus delaying your postal response times further..."

    Yes, I'm feeling the love :001_wub:
  • burgburg Experienced Mentor GloucesterModerator, FMAAT, AAT Licensed Accountant Posts: 1,440
    I did consider something along those lines but I thought better of it in the end. I have just simply re-written the letter and changed the wording.

    The client owes a fair amount of tax unpaid since around 2007 so really need to keep HMRC onside. Still it is annoying especially when they want a declaration signed by the client with the new name on it. I have to go back to the client and explain!

    In hindsight I should have waited and just wrote under the new legislation as things may have been sorted by now. It's by no means complicated as no CA's were previously claimed and it is for one item with no additions or disposals for any of the years concerned.
    Regards,

    Burg
  • A-VicA-Vic Expertise Guaranteed Registered Posts: 6,970
    hey you seen my thread am not feeling any love for the wonderful HMRC at the moment
  • burgburg Experienced Mentor GloucesterModerator, FMAAT, AAT Licensed Accountant Posts: 1,440
    I have indeed. Things are quite a mess lately.
    Regards,

    Burg
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    burg wrote: »
    I did consider something along those lines but I thought better of it in the end.
    Indeed. What I actually do is write the letter. Wait an hour, or a day, depending on the severity of the cockup. Edit it to something less inflammatory, then send it. :D

    They keep getting worse, don't they?
  • bumblebeebumblebee Well-Known Registered Posts: 135
    Hi Ian
    Cant you submit ammended return instead?
  • Jon1Jon1 New Member Registered Posts: 11
    I would be more concerned with the fact that error or mistake (overpayment relief) doesn't usually apply to claims (i.e capital allowance claims) made in a return. As I understand the situation, claims made/not made in a return can only be corrected within the normal amendment period.

    see revenue manuals - SACM12075

    KR
    Jon
  • bumblebeebumblebee Well-Known Registered Posts: 135
    Okay, just had a call from client, HMRC debt collector appeared at their door step and threatening to collect his goods, when the client has already paid his tax! For the love of HMRC... what a waste of time and effort, just because they dont do the job quick enough, the rest have to suffer. What do they get paid for I want to know!
  • burgburg Experienced Mentor GloucesterModerator, FMAAT, AAT Licensed Accountant Posts: 1,440
    @Bumblebee - no adjusted return as outside the time scale as I understand?

    @Jon1 - Thanks wasn't aware of this. Will see how HMRC deal with it as they have still requested it through Overpayment relief even though they are aware that it involves CA's

    @Bumblebee - I know HMRC need to step up measures and collect unpaid taxes but they aren't treating each case on it's own merit. They need to be sure of who owes what and then think about turning up. I had a client who owed a £100 penalty which they were appealing and HMRC turned up to collect.

    @Monsoon - Hopefully the saying really can be meant when it comes to HMRC ' Things can only get better....????
    Regards,

    Burg
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    burg wrote: »
    I had a client who owed a £100 penalty which they were appealing and HMRC turned up to collect.

    Yet they let Co House strike off companies when they know they are owed £10k and don't even murmur....

    The worrying thing is, they can get worse....!
  • bumblebeebumblebee Well-Known Registered Posts: 135
    Deadlines for claims

    Came accross this, thought might be of use:

    http://www.hmrc.gov.uk/sa/correct-repay.htm#2
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    burg wrote: »
    Ok I thought. Anyway recently received the letter that states 'Error or Mistake claims were withdrawn as of 1 April 2010 and replaced by Overpayment Relief. Can I please write back stating that I now wish to make a claim on behalf of the client for Overpayment Relief under Schedule 1AB TMA 1970'

    Thank you so much for posting this, I've just written a letter for what we used to call an error or mistake claim, and remembered there is a change of name, so searched on here!

    Thanks Ian :D
  • burgburg Experienced Mentor GloucesterModerator, FMAAT, AAT Licensed Accountant Posts: 1,440
    No problems Jenni ;)
    Regards,

    Burg
  • JodieRJodieR Experienced Mentor Registered Posts: 1,002
    I've got to amend a 2007/08 tax return which didn't include property income details when it should have. There was a loss made during the year on property rental so there's no under/overpaid tax. Do you know if the wording you've been told to use applies in this case?
    Jodie
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    The one I refer to above was amending an 0708 return.

    If unsure, I'd be inclined to refer to both :lol:
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