Reply to: 'Tis the season to discover (that HMRC think you owe them money)

[NickLeeson2]

Thanks guys. Definitely came today. I’m in Australia which gives some excuse but the postmark on the envelope was 26th May, letter dated 7th April as I said.

I called HMRC just to see what the deal was and just got some guy basically saying to ignore dates as everything is relaxed as part of coronovirus etc and that I need to just reply by email/mail stating my situation. Didn’t even bother to look at my case.

Just waiting to talk to my current accountant now to see what they suggest.

That is the problem with HMRC, they haven't bothered to do anything for years. Now they need to find someone to pick up the bill for doing nothing.

[ukcommando]

HMRC think they are above the law!

"Seldom in the history of civilized democracy has a public authority so openly waged war on its own citizens" Can never recall where I first heard that quote many years back, but it has always been HMRC to a tee...

[lowpaidworker]

Thanks guys. Definitely came today. I’m in Australia which gives some excuse but the postmark on the envelope was 26th May, letter dated 7th April as I said.

I called HMRC just to see what the deal was and just got some guy basically saying to ignore dates as everything is relaxed as part of coronovirus etc and that I need to just reply by email/mail stating my situation. Didn’t even bother to look at my case.

Just waiting to talk to my current accountant now to see what they suggest.

Really... relaxed as part of COVID ? Not really sure Ive heard anything about the loan charge all being relaxed as part of COVID. I've seen some very streesful tweets with people getting letters and claims.

I would certainly make sure you agree that they were out of time and no please dont ignore the dates. Its a difference between HMRC protecting and the settlement if you proceed being unprotected. No interest for unprotected. Depending on the amount and 4 years of interest it could be significant.

Still a bit shocked by the dont worry about dates comment. wow...

[Scooby_Doo]

Thanks guys. Definitely came today. I’m in Australia which gives some excuse but the postmark on the envelope was 26th May, letter dated 7th April as I said.

I called HMRC just to see what the deal was and just got some guy basically saying to ignore dates as everything is relaxed as part of coronovirus etc and that I need to just reply by email/mail stating my situation. Didn’t even bother to look at my case.

Just waiting to talk to my current accountant now to see what they suggest.

[DealorNoDeal]

Other than the year becomes Open rather than closed?

Yes, which I'd overlooked does make a difference if you're settling ie. interest -vs- no interest.

[lowpaidworker]

webberg confirmed it above. HMRC have 4 years from the end of the tax year.

If you received loans, it doesn't really help that much if the disco is invalid, because post-2010 loans are still caught by the LC.

Other than the year becomes Open rather than closed?

[DealorNoDeal]

Can anyone confirm that the 5th April 2020 is definitely the deadline for 2015/16 discoveries? I've literally just received one today dated 7th April 2020 for 2015/16. Not helpful that its taken nearly 2 months in the post to get to me but my first thoughts are around the deadline.

webberg confirmed it above. HMRC have 4 years from the end of the tax year.

If you received loans, it doesn't really help that much if the disco is invalid, because post-2010 loans are still caught by the LC.

[lowpaidworker]

Can anyone confirm that the 5th April 2020 is definitely the deadline for 2015/16 discoveries? I've literally just received one today dated 7th April 2020 for 2015/16. Not helpful that its taken nearly 2 months in the post to get to me but my first thoughts are around the deadline.

Firstly I am no expert but make sure you evidence you received this today. I think someone at HMRC has realised they missed the deadline and backdated the letter. That is really really not good. Please keep this as evidence. Its shocking.

Hopefully someone who is in the know will come along and reply properly.

[Scooby_Doo]

The "normal" discovery window is 4 years from the end of tax year. Is that correct?

So, they've got until 5 April 2020 to discover 2015/16?

If they go back more than 4 years (2014/15 or earlier) then they may be on even thiner ice?

Can anyone confirm that the 5th April 2020 is definitely the deadline for 2015/16 discoveries? I've literally just received one today dated 7th April 2020 for 2015/16. Not helpful that its taken nearly 2 months in the post to get to me but my first thoughts are around the deadline.

[webberg]

Sentence 2 of the original posts - emphasis added.

HMRC is able to access powers in TMA 1970 whereby if they have made a "discovery" (that tax has been under assessed) they can raise an assessment.

It's clear.

If HMRC consider that tax has been under assessed, they have powers to raise assessments.

If you have settled, the chance of under assessment is very low.

If you have had assessments, not appealed them and just paid, unless you have deliberately allowed a low ball assessment to stand, again a discovery assessment is a very low possibility.

[BolshieBastard]

From that they, I guess, they can reassess as often as they like.

Are you asking me a question ?

LOL, no. It was rhetorical.

[DealorNoDeal]

I was assessed for years 2013-2019 and paid the outstanding tax, can I now be reassessed on those years?

If you formally settled then that would be the end of the matter.

Even if it wasn't a formal settlement, if you've paid in full I hardly think HMRC are going to re-open the matter when they've got tens of thousands of other fish to fry (ie. those who haven't paid).

[NickLeeson2]

The point being HMRC can ride roughshod over legislation if they want and, it's down to the tax payer to prove HMRC acted dishonestly \ incorrectly \ illegally, call it what you want. It will cost you money to defend your position as well and even then, HMRC will drag you through as many courts as they want.

They have a taxpayer funded money tree. You?

From that they, I guess, they can reassess as often as they like.

Are you asking me a question ?

[BolshieBastard]

LOL, do you know why/ how accountants make money?

If we all understood accountancy practices we would not ask questions. I will re-read to the full post for the one answer.

Are you known for anger management issues?

The point being HMRC can ride roughshod over legislation if they want and, it's down to the tax payer to prove HMRC acted dishonestly \ incorrectly \ illegally, call it what you want. It will cost you money to defend your position as well and even then, HMRC will drag you through as many courts as they want.

They have a taxpayer funded money tree. You?

[NickLeeson2]

Have you read the above?

LOL, do you know why/ how accountants make money?

If we all understood accountancy practices we would not ask questions. I will re-read to the full post for the one answer.

Are you known for anger management issues?