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Where Taxpayers and Advisers Meet

Re-opening old self assesment

cookingfat999
Posts:3
Joined:Wed Jun 20, 2018 10:03 am
Re-opening old self assesment

Postby cookingfat999 » Wed Jun 20, 2018 10:11 am

I am having issues with a 2008 tax return. The was a claim for legal expenses that were justified. However at the end of the expenses was a claim for a Compromise Agreement which is not deductable. The accountant that filed it submitted the entire legal claim as a Compromise Agreement in error and as a result the HMRC whilst completing an investigation (I believe aimed at the accountant) rejected the entire claim. I have tried to explain repeatedly that this is what happened but am getting nowhere. They are refusing to look at the appeal due to the age of the return and say I have to first appeal to have it reopened, then once that is agreed I can submit the appeal itself. Does this sound correct? And if so does anyone know how I appeal to have it reopened? - I am being informaed that if it is older than 5/6 years I have to follow this process.
Thanks
Mike

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

Re: Re-opening old self assesment

Postby SteLacca » Thu Jun 21, 2018 8:30 am

When did HMRC counteract the claim, and if more than four years ago, why so long before you think about appealing?

cookingfat999
Posts:3
Joined:Wed Jun 20, 2018 10:03 am

Re: Re-opening old self assesment

Postby cookingfat999 » Thu Jun 21, 2018 1:29 pm

It has been going on for ages, I have tried to explain it but get nowhere, now I have asked the solicitors to put something in writing that details accurately what their bill was for but HMRC are saying I have to appeal to open the case first - but there appears to be no 'process' - I have thought about Alternative Dispute Resolution ?

bd6759
Posts:4262
Joined:Sat Feb 01, 2014 3:26 pm

Re: Re-opening old self assesment

Postby bd6759 » Thu Jun 21, 2018 6:30 pm

There is a very clear process.

You have 30 days to lodge an appeal.

If you do not appeal at the correct time you can apply to HMRC to allow you to appeal late. This application is separate from the appeal itself. If you had a reasonable excuse for not appealing at the correct time HMRC will allow you to appeal. If they allow you to appeal and accept the application, then your evidence in connection with the appeal (the level of allowable fees) can be considered. It cannot be considered until an appeal is accepted.

If HMRC do not allow you to appeal you can apply to the Tribunal and ask the Tribunal to accept the appeal.

In my view, neither HMRC nor the Tribunal will allow you to appeal if it is 6 years late.

cookingfat999
Posts:3
Joined:Wed Jun 20, 2018 10:03 am

Re: Re-opening old self assesment

Postby cookingfat999 » Fri Jun 29, 2018 2:48 pm

Hi - thanks for the info, they have said I can apply but not how to - is there a formal process for doing this or is it just a case of simply asking in writing to appeal and them saying yes / no then applying ?


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