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Where Taxpayers and Advisers Meet

Tax query for 2013-2014 - overpaid

DtheRed
Posts: 12
Joined: Thu Oct 05, 2017 5:35 pm

Tax query for 2013-2014 - overpaid

Postby DtheRed » Mon Sep 23, 2019 4:29 pm

Afternoon,

HMRC requested to see my SA calculations for the FY 2013-2014. I already know I did my tax calculations wrong that year (based on bad HMRC advice (phone call so no proof)) and I ended up overpaying tax by about £8,000. As a result, earlier this year I re-did all my accounts and corrected all my tax returns for the last 4 years but was told I could not claim overpayment for anything beyond that.

However, now that HMRC have opened a query (for unpaid tax I presume) for 2013-2014 - can I actually claim that money back now that they themselves have reopened those accounts? It feels a little unfair otherwise!

Cheers,
D

bd6759
Posts: 3107
Joined: Sat Feb 01, 2014 3:26 pm

Re: Tax query for 2013-2014 - overpaid

Postby bd6759 » Tue Sep 24, 2019 8:21 am

If HMRC have discovered that you have underpaid tax, there can be no overpayment to repay.

HMRC can assess an underpayment up to 20 years later if the underpayment was caused deliberately and up to 6 years later if caused carelessly. Otherwise the normal 4 year rule applies

SteLacca
Posts: 446
Joined: Fri Aug 07, 2015 2:17 pm

Re: Tax query for 2013-2014 - overpaid

Postby SteLacca » Wed Sep 25, 2019 4:08 pm

You "Presume" it's for unpaid tax, but that may not be the case. It may be that you have found a sympathetic Inspector who has opened the enquiry to make sure you get your refund (I know I did this once or twice in my Revenue days).

bd6759
Posts: 3107
Joined: Sat Feb 01, 2014 3:26 pm

Re: Tax query for 2013-2014 - overpaid

Postby bd6759 » Wed Sep 25, 2019 11:25 pm

You "Presume" it's for unpaid tax, but that may not be the case. It may be that you have found a sympathetic Inspector who has opened the enquiry to make sure you get your refund (I know I did this once or twice in my Revenue days).
:
That's nonsense. This isn't a s9A enquiry into a tax return. HMRC cannot assess an overpayment. s29 only applies if they discover that tax has not been paid.

SteLacca
Posts: 446
Joined: Fri Aug 07, 2015 2:17 pm

Re: Tax query for 2013-2014 - overpaid

Postby SteLacca » Fri Sep 27, 2019 10:02 am

You're quite right. I didn't consider the year and assumed S9A.

DtheRed
Posts: 12
Joined: Thu Oct 05, 2017 5:35 pm

Re: Tax query for 2013-2014 - overpaid

Postby DtheRed » Tue Oct 01, 2019 9:38 am

If HMRC have discovered that you have underpaid tax, there can be no overpayment to repay.

HMRC can assess an underpayment up to 20 years later if the underpayment was caused deliberately and up to 6 years later if caused carelessly. Otherwise the normal 4 year rule applies
Thanks, sure, I understand that. But I think HMRC are wrong or fishing. What if in their course of investigation they actually discover I overpaid by 8,000 - will I be able to claim that back, even though it is outside the 4 year rule on claiming overpayments?

pawncob
Posts: 4372
Joined: Wed Aug 06, 2008 4:06 pm
Location: West Sussex

Re: Tax query for 2013-2014 - overpaid

Postby pawncob » Tue Oct 01, 2019 12:19 pm

If the year is "open" (even under investigation) then the tax liability (or repayment) has yet to be determined.
With a pinch of salt take what I say, but don't exceed your RDA

DtheRed
Posts: 12
Joined: Thu Oct 05, 2017 5:35 pm

Re: Tax query for 2013-2014 - overpaid

Postby DtheRed » Thu Oct 03, 2019 10:52 am

If the year is "open" (even under investigation) then the tax liability (or repayment) has yet to be determined.
Great thanks. An investigation that will work in my favour!


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