Postby etf » Thu Jul 27, 2017 2:24 pm
This is copied from another thread and may be useful for others considering an appeal to tribunal. If anyone else has already appealed, any feedback regarding your experience that you can post here will certainly interest others in a similar situation.
I have lodged my appeal to the Tribunal. I haven't seen any tribunal cases relating to this topic so I may be the first.
Leaflet T242 is very useful but it is clearly written assuming the appellant is resident in the UK! In fact, the tribunal system assumes one is resident in the UK or has a resident professional adviser. Section 8 states that costs are not normally awarded. If I pay for a representative and win then I lose the money. The fine is 700 pounds. Why would I have ever employed a tax professional when at no time did I ever owe any taxes? I will continue representing myself.
Hopefully, it will be a paper review. Even so, HMRC have 42 days to respond to me and then I have 30 days to counter. The letters from HMRC take 20-25 days from the date on the letter to the letter reaching my home. It is virtually impossible to meet that deadline unless I can send it back electronically.
If is is a hearing, we will have to fly to Birmingham and stay in a hotel. (Again, no costs likely to be awarded). I am only promised 14 days notice, though they will 'try' for 30 days, on a letter that takes 20-25 days so my chances of making it are slim. Assuming I make it, what if the appeal runs late? My wife has to appeal separately and what if we are not on the same day? If we win this time, we will really lose lots of money.
If HMRC win, the British tax payer will have lost more money than the fines (even with the paper process). Don't forget that there was never, ever, any tax due on the sale of our former home.
Why are myself and my wife treated as separate cases, on the same transaction, with virtually identical evidence? This double the costs for everyone.
I am still going to do my best to follow this through.