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Where Taxpayers and Advisers Meet

Back dated claim on pension relief

D&C
Posts:149
Joined:Mon Nov 25, 2019 11:35 pm
Re: Back dated claim on pension relief

Postby D&C » Sat Jul 15, 2023 5:22 am

No, you are wasting your time with 2018-19

Have you read this?

https://www.gov.uk/self-assessment-tax-returns/corrections

Write to HMRC
You must write to HMRC if you’ve missed the deadline to make changes or you need to make a change to another tax year.

You’ll also need to write HMRC a letter to:

claim overpayment relief
report income you did not include in your tax return
You can claim a refund up to 4 years after the end of the tax year it relates to.

bd6759
Posts:4239
Joined:Sat Feb 01, 2014 3:26 pm

Re: Back dated claim on pension relief

Postby bd6759 » Sat Jul 15, 2023 1:00 pm

Overpayment relief doesn’t apply here.

He is in time to make a supplementary claim (s42(9)TMA) and that is the route available. He cannot make an overpayment relief claim if there is another route available (Case B at para 2 of Sch 1AB).

Claim needs to be in writing and contain a declaration that it is correct to the best of his knowledge. (Para 2 of Sch 1A)

Jupiter01
Posts:51
Joined:Tue Jul 11, 2023 8:11 pm

Re: Back dated claim on pension relief

Postby Jupiter01 » Mon Jul 17, 2023 2:00 pm

Overpayment relief doesn’t apply here.

He is in time to make a supplementary claim (s42(9)TMA) and that is the route available. He cannot make an overpayment relief claim if there is another route available (Case B at para 2 of Sch 1AB).

Claim needs to be in writing and contain a declaration that it is correct to the best of his knowledge. (Para 2 of Sch 1A)
Sorry, I don't follow. Can you please clarify.
Based on the previous advice, here is my plan:

- insert correct figures for current return, 22-23
- amend previously submitted return, 21-22
- write to HMRC about 20-21 and 19-20 as part of the overpayment relief claim.

Do I need to change course on any of the above?
Thanks for your help.

bd6759
Posts:4239
Joined:Sat Feb 01, 2014 3:26 pm

Re: Back dated claim on pension relief

Postby bd6759 » Mon Jul 17, 2023 10:37 pm

Got 2019 and 2020 you are making a supplementary claim for pension relief, not for overpayment relief. Overpayment relief is a specific relief where there is a mistake that cannot be rectified by other means.

You have 4 years to make a claim for pension relief, so that is what you should do. You cannot claim overpayment relief.

Write to HMRC telling them how much additional contributions you wish to claim.

The end result is the same.

Jupiter01
Posts:51
Joined:Tue Jul 11, 2023 8:11 pm

Re: Back dated claim on pension relief

Postby Jupiter01 » Tue Jul 18, 2023 3:30 am

Got 2019 and 2020 you are making a supplementary claim for pension relief, not for overpayment relief. Overpayment relief is a specific relief where there is a mistake that cannot be rectified by other means.

You have 4 years to make a claim for pension relief, so that is what you should do. You cannot claim overpayment relief.

Write to HMRC telling them how much additional contributions you wish to claim.

The end result is the same.
Ah got it, thanks. A couple of follow up questions please:
- does the 4 years include the current year (22-23)?
- where can I read more about “supplementary claim for pension relief”? Want to understand the format of letter that is required.

Thanks again.

someone
Posts:686
Joined:Mon Feb 13, 2017 10:09 am

Re: Back dated claim on pension relief

Postby someone » Tue Jul 18, 2023 8:21 am

https://www.gov.uk/self-assessment-tax-returns/corrections

You can claim a refund up to 4 years after the end of the tax year it relates to.

We're past 5th April 2023 - which I think means the year to 5th April 2019 is out of time.

Jupiter01
Posts:51
Joined:Tue Jul 11, 2023 8:11 pm

Re: Back dated claim on pension relief

Postby Jupiter01 » Tue Jul 18, 2023 9:16 am

Thanks for all your help. I will follow this route.


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