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Self Assessment pre 2007/2008

pollyollipollyolli Just JoinedRegistered Posts: 2
Can anybody offer me any advice please. I have a client which I have recently completed six years accounts and tax returns for.

After completing and submitting the returns (after various conversations with HMRC to help obtain missing information), HMRC have written to us, stating that they will not be accepting the returns for 2005/2006 and 2006/2007 and that they will be using their determination figures.

My client paid tax through the CIS system during these years and is due a refund, yet HMRC are saying that they are completely ignoring this fact and that they believe he owes £500 (their determination) for each year.

I wrote back to HMRC explaining that i would like the decision looked at again as I disagreed with their decision not to accept the tax returns which they had requested, and also explained that it was unethical that they were trying to make my client pay tax which has already been paid.

I have received a letter back from an officer, stating that their decision stands and that we have no right of appeal.

Comments

  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    Google 'equitable liability.' I can't remember if it still stands, but I think this is the mechanism to reverse the situation you describe. Sorry, can't be more help than that!
  • groundygroundy Trusted Regular Registered Posts: 495
    Last time I looked at this if a determination has been raised it can not be overturned or appealed and the determined tax stands.
  • MonsoonMonsoon Font Of All Knowledge FMAAT, AAT Licensed Accountant Posts: 4,071
    groundy wrote: »
    Last time I looked at this if a determination has been raised it can not be overturned or appealed and the determined tax stands.
    That's only the case if the return is submitted out of time; if a return is submitted within the time limit for late returns then it will replace the determination.

    I just googled and I think Equitable Liability is still around (there was a hoohah a couple of years ago, but they kept it in the end) so this is how you get round it.
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