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Where Taxpayers and Advisers Meet

Continued harassment from HMRC.

DougStevens
Posts:2
Joined:Wed Mar 16, 2016 9:33 pm
Continued harassment from HMRC.

Postby DougStevens » Fri Oct 23, 2020 10:38 am

Hi. Problems with the HMRC. Again.

For years (almost ten now.) the HMRC have been harassing me. Here's a brief resume.

I WAS self employed way back in the day. It went pear shaped, and I ended up in an IVA. I didn't owe HMRC anything, just credit cards, etc. My IVA practitioner confirmed this with HMRC. I also deregistered as Self employed and as the director of the company. I took a "normal" job, switched to PAYE and got on with life.

I was discharged from my IVA after making all the payments requested. Now, at this point, I found that a couple of "dodgy" companies tried to chase me for the debts that had been in the IVA, but they all got sorted out quickly. I.e., told to go fish. Apparently, this is something the less "reputable" companies try.

Then HMRC tried the same. First claiming £15,000 in "unpaid tax" then, when that failed, late filing charges, then interest, etc. It has always been £15,000. No matter what they come up with, it's always around that figure. They've even sent "enforcers" round to put a notice on my my goods.

Now, I've spoken with them several times (Yes, I was that bored I hung on for 45 minutes of their music) and each time, the person on the phone has said they've deleted the amount owing, as it was incorrect. I even got a £1000 tax rebate at one stage.

However, pretty much every 6 months, the "fees" are reinstated by some nameless figure, and we go through the same loop.

My accountants get the same. Speak on my behalf as my agents, get told that HMRC have sorted it out, and then, bang! 6 months later... HMRC even "deregistered" them as my agent at one point, which seems strange. My accountants have stated they simply can't believe how unprofessional and vindictive they are being - even for HMRC.

At no time have HMRC actually taken out legal proceedings against me. So, my questions are:

Can HMRC try to recoup (alleged) debts from a period covered by an IVA, when they confirmed to my IVA practitioner that I owed nothing.
How can someone take a debt off, then someone else "reinstate" it so many times? This (to use fancy words) is surely a "training issue".
How can anyone try and impound my goods without some form of court order?

Any other advice is more than welcome.

D.

robbob
Posts:3100
Joined:Wed Aug 06, 2008 4:01 pm

Re: Continued harassment from HMRC.

Postby robbob » Fri Oct 23, 2020 2:57 pm

My accountants get the same. Speak on my behalf as my agents, get told that HMRC have sorted it out,
I wander if the iva practioner your acountants have been letting you down here.

I would expect IVA practitioner would tell you the full chapter and verse and also the accountant too - the accountant would then ensure the relevant correct filings are done to hmrc.
Note there is a big difference between formal arrangements and the non formal "wing it with all parties owed money" route

Notre hmrc themselves say
For all forms of voluntary arrangement, no creditor is able to press for payment of debt that is included in the arrangement until it is agreed. If the arrangement fails, creditors regain the right to pursue the outstanding debt.
https://www.gov.uk/government/publications/how-hmrc-deals-with-and-supports-customers-who-have-a-tax-debt/how-hmrc-treats-customers-who-have-a-tax-debt


My worry main worry would be here if you have not filed the relevnat required tax returns taht quantify what you owed and the relevant splits up to iva point and after that - its not uncommon for acountants to not do much if you donlt have money to pay - creating a loop that is best avoided as hmrc may issue assessments they see fit.

wamstax
Posts:1955
Joined:Wed Aug 06, 2008 3:39 pm
Location:Operate Nationally but based in Aberdeen
Contact:

Re: Continued harassment from HMRC.

Postby wamstax » Fri Oct 23, 2020 7:35 pm

Given the continuing feature of £15k I wonder if it is because in coming to the IVA agreement no returns were filed up to the IVA clearance period so that once the IVA is satisfied there might be nothing to stop HMRC issuing determinations of a tax liability that was not included in the schedule of debts.
You need to get a schedule of the debts included in the IVA and compare it with the on off on debts of £15k
regards and hope this helps
http://www.wamstaxltd.com
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