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Where Taxpayers and Advisers Meet

Please help! Form EIM 74103

Sjp1
Posts:2
Joined:Mon Oct 25, 2021 7:19 am
Please help! Form EIM 74103

Postby Sjp1 » Mon Oct 25, 2021 7:38 am

My husband died 5 years ago and recently his former employer got in touch to say that my children were entitled to a dependents bereavement pension up until they finished full time eduction (they all are at university/school). They received backdated payments for each year since his death. However this amount was paid and taxed in one lump sum this tax year. Because they were at university and not earning I phoned HMRC to enquire if they could be refunded the tax which was deducted for all the previous 5 years.

I got a really helpful man who helped me to do this and took me through the complicated steps. It took 2 hours! He said that my twin daughters would receive a cheque for the back tax for the previous 5 years. One did receive a cheque and one didn’t.

I called up last week and got the most unhelpful woman who ended up telling me that the daughter who got the check shouldn’t have and this would now be taken back from her salary in her new job which she started this month.

The other twin I was told again would not get it back because she too had started a new job this month.

I argued until I was blue that the previous advisor had taken me through the whole process and said they were entitled to get the accrued tax refunded using Form EIM 74103 because they shouldn’t have been taxed because they had not earned anything. He even helped me to fill in the forms but this woman said he wouldn’t have done that!!!

She ended up putting the phone down when I persisted in asking her to justify why they shouldn’t get the tax back.

What are people’s thoughts please? The tax amounts to £1000 which is a lot of money for the girls and would be really useful.

iwmtaxadvisor
Posts:42
Joined:Wed Sep 09, 2020 5:12 pm
Contact:

Re: Please help! Form EIM 74103

Postby iwmtaxadvisor » Mon Oct 25, 2021 12:16 pm

I think this charity will be able to help, if they have enough manpower.
https://taxaid.org.uk/contact
On the basis of what you have said, there are questions one has about HMRC's apparent failure to explain their position: and your pursuit of this seems justified.
Robert Noble-Warren CTA, FCIS
wealth updates for high net worth families

robbob
Posts:3207
Joined:Wed Aug 06, 2008 4:01 pm

Re: Please help! Form EIM 74103

Postby robbob » Mon Oct 25, 2021 3:26 pm

I argued until I was blue that the previous advisor had taken me through the whole process and said they were entitled to get the accrued tax refunded using Form EIM 74103 because they shouldn’t have been taxed because they had not earned anything. He even helped me to fill in the forms but this woman said he wouldn’t have done that!!!
She ended up putting the phone down when I persisted in asking her to justify why they shouldn’t get the tax back.
Its highly annoying when hmrc staff act like that - i would always say if you dont really trust what the person is saying then you are unfortunately better off ringing off and trying again from scratch with advisor 2 - its not ideal but if you have been unlucky enough to get a rogue one then trying again may work.

So my recommendation would be to ring back and give it a second go- it may help if you/they have access to both records so that thehmrc advisor can see what worked for daughter one.

Note there is a chance the first advisor did something wrong - even if that is the case your original questions still applies and iwouldnt presume you cant do what you are trying to do justbecause something was done wrong (despiteteh fact i dont know the full technical answer)

taxaid are deffo worth a try but they mayhave limited firepower

I may be able to find out chapter and verse answer to your question but i am hoping someone who knows this area better than me can quickly advise whether your fisrt advised route was right.

D&C
Posts:69
Joined:Mon Nov 25, 2019 11:35 pm

Re: Please help! Form EIM 74103

Postby D&C » Mon Oct 25, 2021 7:28 pm

Firstly EIM 74103 isn't a form, it's part of HMRC's internal guidance. Which can be viewed on gov.uk.

https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim74103

The original advisor clearly didn't fill out a form for me as there is no form to fill in.

You need to contact HMRC again and ask them to review this for you in conjunction wifh the guidance at EIM 74103.

They may want some confirmation that the pension payment related to pension due in earlier tax years but it sounds like you may already have that from when they pension company first contacted you.

You may find that doing this in writing is a better option that phoning.

D&C
Posts:69
Joined:Mon Nov 25, 2019 11:35 pm

Re: Please help! Form EIM 74103

Postby D&C » Mon Oct 25, 2021 7:29 pm

The original advisor clearly didn't fill out a form for me as there is no form to fill in.

Should have been :D

The original advisor clearly didn't fill out a form for you as there is no form to fill in.


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