Settling is more expensive that paying the 2019 loan charge

[webberg]

Don't think I ever said HMRC would ignore closed years.

I think what I said was that including closed years in the 2019 charge would attract a challenge which might be successful. I have no reliable estimate for whether it will be.

Your early years look like they're closed.

years under enquiry are open.

Years from 13/14 onwards may still come under enquiry as they are all in time.

Will HMRC settle on some and not others if you showing willing? Almost certainly not.

HMRC don't offer a settlement as the dictionary defines it, i.e. something that is fair to all parties.

They offer a take it or leave it - our analysis and nobody else's.

[Silverskin]

Thanks. In terms of the SAR am I effectively filling in Part C, requesting to know if I currently have any open years assigned to me? Presumably a given year can only be one or the other?

Morning all,
I recently sent a SAR to HMRC to get infomation about previous tax returns and they took 7 weeks to respond. I plan to submit another SAR to ask if I have any open years attributed to me. Given HMRC are taking a very long time to respond, I can't really afford to wait 7 weeks only to find that they haven't sent me the infomation that I need. So could someone advise me what specifically I need to request in this SAR?

Thanks

[piebaps]

The Data Protection Act allows them 40 calendar days to reply and while they should respond sooner if possible, you can bet your bottom that the full 40 days will be used, followed by a second class mail posted reply. If you have to use a SAR you'll need to factor this in.

[Silverskin]

The Data Protection Act allows them 40 calendar days to reply and while they should respond sooner if possible, you can bet your bottom that the full 40 days will be used, followed by a second class mail posted reply. If you have to use a SAR you'll need to factor this in.

Indeed. You imply that there is an alternative to using a SAR, can you elaborate?

Any advice on the wording of a SAR request?

Thanks

[piebaps]

Didn't mean to imply anything - sorry.

I don't have an alternative either. Just had a brush with ICO and was familiar with the rules - that's all.

It's likely too that a public body like HMRC will have limited resources for SAR and FOI and genuine requests will be caught up in the clutter of eejits asking frivolous stuff.

[Silverskin]

Ok thanks, no worries.

[Silverskin]

Morning all,
I recently sent a SAR to HMRC to get infomation about previous tax returns and they took 7 weeks to respond. I plan to submit another SAR to ask if I have any open years attributed to me. Given HMRC are taking a very long time to respond, I can't really afford to wait 7 weeks only to find that they haven't sent me the infomation that I need. So could someone advise me what specifically I need to request in this SAR?

Thanks

Hi,
is there really no-one able to give any advice on this?

Thanks

[webberg]

Hi,
is there really no-one able to give any advice on this?

Thanks

Why do you have a time pressure?

If you need to make a decision on (for example) some settlement calculations from HMRC but want to have the information from the SAR, it would be entirely reasonable to tell HMRC that they will have to wait for a decision until you have the data.

Short of making your DPA request and complaining to the appropriate person if it si not met within the statutory time, it's very difficult to push HMRC along. They wrote the book on excuses, the rules favour the supplier of data over the person requesting it and oversight on individual cases is rare.

I think you need to consider why you "can't afford to wait".

[regron]

I have been waiting since October 2016 for one such SAR/DPA request. Complaining to the authorities due to being outside the 40 days is also fruitless, as they just come back and say they can't do anything until the underlying dispute is resolved......crazy, but true !!!

[Silverskin]

Why do you have a time pressure?

If you need to make a decision on (for example) some settlement calculations from HMRC but want to have the information from the SAR, it would be entirely reasonable to tell HMRC that they will have to wait for a decision until you have the data.

Short of making your DPA request and complaining to the appropriate person if it si not met within the statutory time, it's very difficult to push HMRC along. They wrote the book on excuses, the rules favour the supplier of data over the person requesting it and oversight on individual cases is rare.

I think you need to consider why you "can't afford to wait".

Hi,
no it's really just about understanding my positon. I'm not desperate to make a decision it's that I don't know what my options are as I don't have all the facts. For example, if I have open years against me I need to know this in order to understand the "interest" implications of settling with HMRC as my loans date back a long time ago.

So all I'm really looking for is advice on how to phrase asking HMRC about open/closed years.