HMRC settlement Deadlines/delays and the LC

[Iter]

A general query, since settling some previous years with a certain scheme, when would one expect to receive a closure notice for an enquiry? I assume a closure is still required to officially put the open enquiry to bed. I’m assuming it’s not high on hmrcs agenda.....they have their money etc. Even an ack of the payment would be nice!

[NeedTheSunshine]

A general query, since settling some previous years with a certain scheme, when would one expect to receive a closure notice for an enquiry? I assume a closure is still required to officially put the open enquiry to bed. I’m assuming it’s not high on hmrcs agenda.....they have their money etc. Even an ack of the payment would be nice!

When I settled under CLSO1 in 2014/5 I did not receive an acknowledgement of payment. I called their office (left a message) and someone did call me back after a few days to say that they had received the payment and that I wouldn't receive a written confirmation but that my enquiry was closed.

Reading my contract it did cover the years that I settled, but like you, I would have liked some acknowledgment of receipt of payment. These aren't small amounts of money and they don't show up on your Self Assessment portal.

[Old Greg]

When I settled under CLSO1 in 2014/5 I did not receive an acknowledgement of payment. I called their office (left a message) and someone did call me back after a few days to say that they had received the payment and that I wouldn't receive a written confirmation but that my enquiry was closed.

Reading my contract it did cover the years that I settled, but like you, I would have liked some acknowledgment of receipt of payment. These aren't small amounts of money and they don't show up on your Self Assessment portal.

Is it recorded as closed by the HMRC? What would an SAR elicit?

[NeedTheSunshine]

Is it recorded as closed by the HMRC? What would an SAR elicit?

It is indeed recorded as closed. I did a SAR about a year ago. Why they couldn't just send me a written acknowledgment at the time I don't know. Sorting out the SAR must have taken more time than sending a simple template acknowledgment letter. But it is what it is.

[DavidD]

I have open enquiries for 3 years all with the same loan provider.

Yr 1
Yr 2
Yr 3

Does anyone know if I can elect to settle years 1 & 3 under the current settlement offer but not yr. 2?

[webberg]

Probably not.

If years are closed - no enquiry - then you can leave them out.

Or you settle closed years and leave open ones to the future litigation/debate.

However if you have all open years then leaving one out for no particular reason is likely to be rejected.

[dammit chloe]

Probably not.

If years are closed - no enquiry - then you can leave them out.

Or you settle closed years and leave open ones to the future litigation/debate.

However if you have all open years then leaving one out for no particular reason is likely to be rejected.

Is it true that if you have been in a scheme for several years but only have an enquiry on one of those years that the other years than come into consideration even though closed?

[webberg]

Is it true that if you have been in a scheme for several years but only have an enquiry on one of those years that the other years than come into consideration even though closed?

Not sure I understand the question.

The tax position is based to a degree on whether the tax year in question is under enquiry (open) or not (closed).

The settlement terms can allow all years or all open years or all closed years to be included/excluded as required.

(I confess I don't know why you would settle on just closed years if you also have open years).

What HMRC seem to object to is where you try to settle selected years i.e. not all open or closed years, but rather a cherry picking approach.

In theory I see no reason for this other than it may confuse the HMRC people.

[dammit chloe]

Not sure I understand the question.

The tax position is based to a degree on whether the tax year in question is under enquiry (open) or not (closed).

The settlement terms can allow all years or all open years or all closed years to be included/excluded as required.

(I confess I don't know why you would settle on just closed years if you also have open years).

What HMRC seem to object to is where you try to settle selected years i.e. not all open or closed years, but rather a cherry picking approach.

In theory I see no reason for this other than it may confuse the HMRC people.

Say I have 3 consecutive years in a scheme 10 years ago. 1 is open, 2 are closed. Are HMRC able to look at the closed years in any way or open them. I read this may be possible due to the fact they were all part of the same scheme.

As it happens, and somewhat as a surprise to me, all my years are closed. I have been told that I can settle just some of them and leave the rest to loan charge by my advisor. This also appears to be what HMRC said to one of the parliamentary committees.

[NeedTheSunshine]

Say I have 3 consecutive years in a scheme 10 years ago. 1 is open, 2 are closed. Are HMRC able to look at the closed years in any way or open them. I read this may be possible due to the fact they were all part of the same scheme.

As it happens, and somewhat as a surprise to me, all my years are closed. I have been told that I can settle just some of them and leave the rest to loan charge by my advisor. This also appears to be what HMRC said to one of the parliamentary committees.

If all your years are closed then you are making a "voluntary" settlement. I suppose in that case they might let you settle some years and not others. Are you thinking of doing this because doing it all under loan charge is more expensive?