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Where Taxpayers and Advisers Meet

Old outstanding tax returns

MusicLover
Posts:3
Joined:Thu Sep 21, 2017 10:41 am
Old outstanding tax returns

Postby MusicLover » Thu Sep 21, 2017 11:11 am

Hi,

any help would be greatly appreciated!

In summary i have 4 outstanding tax returns 08/09, 09/10, 10/11, 11/12. During these years i received no income via self employment.

Prior to 2008 i was working as a subcontractor in the u.k and being paid via cis, my accounts were being dealt with by my accountant.
Between the years 2008 and 2012 i spent most of the year working abroad and during the little time spent in the uk i was working in employed roles paying paye tax.

My accountant had a heart attack and died in 2008, sadly i didn't keep on top of things. So now i'm in a pickle, with these outstanding returns.

I've actually paid £2000 through my tax code over the last couple of years which is essentially accrued fines, as it stands i don't owe any money. However i still need to file these returns otherwise i'll receive further fines.

I did get some free tax advice online which suggested these returns should never have been sent?

I have managed to get logged into my online account with hmrc, unfortunately i can't file anything online because of the age of outstanding returns.

Any advice regarding the best steps to take at this stage would be really helpful.

darthblingbling
Posts:698
Joined:Wed Aug 02, 2017 9:09 pm

Re: Old outstanding tax returns

Postby darthblingbling » Thu Sep 21, 2017 11:40 am

Have you spoke to HMRC yet to state that you have no taxable income to declare for this period? They may just cancel the notices.

MusicLover
Posts:3
Joined:Thu Sep 21, 2017 10:41 am

Re: Old outstanding tax returns

Postby MusicLover » Thu Sep 21, 2017 2:47 pm

I haven't taken any action as yet,

Somebody from tax aid suggested i try to get them removed as i had nothing to declare, however it's states that this can only be done within a 2 year period.

If i ask them to send me out the missing returns, i'll loose the money i've paid in fines and have to pay an accountant to fill them in.

I'm guessing making the call to HMRC is priority here i think, i've paid the fines, i'm more keen on stopping the situation escalating again.

SteLacca
Posts:448
Joined:Fri Aug 07, 2015 2:17 pm

Re: Old outstanding tax returns

Postby SteLacca » Thu Sep 21, 2017 3:45 pm

The legislation for withdrawal of the returns is TMA 1970 s8B. Whilst it is correct that the normal withdrawal period is 2 years from the end of the year of assessment, S8B(6)(b) adds, "in exceptional circumstances, such extended period as HMRC may determine", which does mean that HMRC still have some discretion to withdraw the notices, even at this late stage.

May still be worth a go.

MusicLover
Posts:3
Joined:Thu Sep 21, 2017 10:41 am

Re: Old outstanding tax returns

Postby MusicLover » Sat Sep 23, 2017 7:24 am

Just to update the thread,

I have been in touch with hmrc, fairly lengthy chat with a very helpful chap.

In short I've been advised to print off the missing returns via the online archive, fill and return along with a letter of appeal explaining my situation. (Nothing to declare, accountant deceased, living abroad etc etc)
My employment history is being sent to me via hmrc subject access request so i can fill in the returns properly regarding paye tax paid during those years.

fingers crossed,

Will update once i've got any decisions back if anybody should read this in a similar situation.


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