Responses from Letters

[joeyflimflam]

Hi

I'm after a steer as to how to approach this.

In Nov 2021 I sent a letter to HMRC claiming allowable losses from 2017 to 2021 (as per https://www.gov.uk/capital-gains-tax/losses). The letter included details of losses from those years (some shares, some crypto), as well as referencing some I reported in my 2011/12 losses which had been reported through Self Assessment (which I no longer need to do), and reported what my total allowable losses were including those.

In TY 2020/21 I made a little over 13000 gain - on the phone to HMRC (Jan 2022) I was advised that I could simply write a letter to declare this and "use" some of those allowable losses, without having to fill in Self Assessment and be back in the system of annually filling in Self Assessment as my financials are otherwise basic PAYE.

So in January 2022 I sent another letter, stating my gains in 2020/21, the gain above the 12,300 allowance, and therefore the reduction in future allowable losses to carry for future years.

I've not made a gain since so have thought nothing more of it, but I've now realised that I never got an acknowledgement for either of those letters. I do however have proof of postage.

I'm anticipating a gain this year and obviously given the reduction in personal allowances I'll need to use these.

Should I have expected to receive any acknowledgement of these letters having been received and processed? Should I just assume they've been processed and submit my capital gain based on what I've already declared (and have a paper trail of?) Should I contact HMRC and potentially find out that something hasn't been done?

And can I expect that, if they have been lost, they can retrospectively be re-applied?

Any advice welcome as I obviously don't want to get on the wrong side of this.

Thanks

For info letters were sent to

Capital Gains Tax Queries
HM Revenue and Customs
BX9 1AS

and included my UTR

[pawncob]

HMRC don't acknowledge claims.
I suggest you submit return and claim the losses against the gain.
If you have proof of submission that supports the claim.

[bd6759]

S7 Interpretation Act is on your side. As long as you can testify that you sent the claims, they are deemed to have been delivered, regardless of what HMRC say.


https://www.legislation.gov.uk/ukpga/1978/30/section/7