Dear readers
I wonder if anyone can help with a query I have on tax credits.
I have a client who made a tax loss of about £30000 for the y/e 5.4.04 as a self employed person. On the other hand the client's wife earned a salary of around £13000 in the same year. After seeking advise from the tax credit helpline over the phone the wife completed the forms and showed her income at £13000 and nil for her husband and on this basis the claim was assessed.
We now find having read the explanatory notes that the loss for the husband could have been used to set off against wife's salary resulting in nil income for both husband & wife for that year. On this basis my client has requested appeals form so that they can receive the extra tax credit for 2004. The problem is that the date for revision has since gone (31.01.05).
My question to the readers is will the fact that incorrect phone advise given by TC helpline constitute valid grounds for previous understatement of claim? I wonder if anyone else has received incorrect advise and submitted incorrect figures on this basis and then successfully reversed the wrong decision.
Any help will be appreciated.
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