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ram
Rank; Hector Tax Inspector
3 Posts |
 Posted - 06/04/2008 : 14:43:39
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I would like to ask, do I need to send in a separate TC846 form for every year that overpayment has occurred? Over and above which,is there any point in me doing so; all the statements I have recieved say that I must dispute their figures within three months. I have been a total 'ostrich' and have not questioned their figures in five years. As they have now stopped my payments altogether (because I gave them a totally inflated figure for 07-08 in the hope that they would take anyhting due and put it towards my O/P), and we are now at the beginning of a new tax year, I am completely sick with worry that they will shortly send me a demand for nearly six thousand pounds.
I have read, completely, your claim pack and frankly I am completely scunnered and my brain is in overload; not the fault of the clearly written pack I must say!
I really am not convinced that they have made any major mistakes with my claim. I am sure it was simply my massive underestimation of my husband's self-employed earnings for one of the years.Without having yet submitted a SAR request I am not too sure what I should be claiming that they have done wrong on my TC846. Nonetheless, the whole system including the way the statements are presented, for the five years of my claim, has completely flumoxed me and I cannot come to terms with the idea that they have allowed me to clock up this huge debt (unwanted interest-free loan). Why are we being penalised for five years hard graft to build up a business and pay every bit of tax due and on time?
Can I complain/ dispute over ethics initially on my TC846 form? I have no-one to talk this over with and thus my brain is shorting!
Thank you so much in advance.
Ruth
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ram
Rank; Hector Tax Inspector
3 Posts |
Posted - 06/04/2008 : 14:53:39
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One other thing. I have never been able to work out how they arrive at their figures. The calculations and a clear note of how they arrived at their conclusions are never given. I am talking about the old arithmetic exam advice - SHOW YOUR WORKINGS!!
I needed the money. I was grateful for it. I accepted it AND ACCEPTED IN GOOD FAITH THAT THEY WERE BANG ON THE MONEY!. What a bloody fool I am. |
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Red Rocket
Rank; Captain Gordon
United Kingdom
223 Posts |
Posted - 06/04/2008 : 15:22:34
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Hi Ram
Sorry to hear of your promlems. I'am in a similar position to you, I have two overpayments only one of which I have disputed at this point. Its quite amazing that when I received my SAR request much was missing from the year I disputed, however some quite damning evidence was included from the year I have not disputed. I didn't really get going until last year, that was on 03/04.
Stay calm and be systamatic in your approach.
Others will be along soon who will be able to help more. |
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Peter
Rank; Hector Tax Inspector
19 Posts |
Posted - 06/04/2008 : 22:24:23
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Hello Ram  sorry to hear about your problem.
I would not complete the TC846.In my own humble opinion I belive the TC846 is a slip of paper that removes all blame from HMRC and puts it onto the individual it is sent to.
Its questions are simple and to the point and basically ask "Is it our fault or is it yours" and by completing the TC846 you are leaving yourself wide open to anything they choose to fault you with.
Instead I would fill in your name and N.I number etc.Do not put your mobile number (if you have one) either.
I would then write a polite but stern letter informing them that you intend to dispute all alleged overpayments and the meantime any demand for repayments or court proceedings to cease immediately until this matter is fully investigated.You may want to request that they only contact you by royal mail and that telephone calls are inappropriate and inreliable.
Finally explain to them that if they fail to send you documents relating to your case you will be regarding th matter closed.If they fail to send you your documents and still proceed with your case explain in the letter that you will then have no alternative but to make a Subject Access Request Notification.
Inform them that the letter is being sent by recorded mail for a future record of your correspondence.
You will probably be sent another letter in a week demanding full payment by a certain date as the first letter you send will be ignored.REMEMBER they send the second demand as a scare tactic and at this point you should request a SARN as you stated you would in the first letter sent.Send this by recorded delivery.You should also send a letter of complaint (you can find them on this site) which you should send seperately by recorded mail to finally make it official.
Keep a copy of every letter you send them.
Please remeber RAM that they will try and bully you but dont let that bother you.
In regard to filling out seperate TC846 for each claim I belive they only send you the one form (dont quote me) at least they did with me and as I have already written its simply a means of diverting blame from themselves and onto you whilst at the same time gaining it in writing and signed by yourself and used as proof in the dispute against you.
There will be others along who can give far greater advice than myself so it may be prudent to listen to someone with more experience than I.
Goodluck and be lucky |
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splashin
Rank; Undercover HMRC Spy
Belize
446 Posts |
Posted - 07/04/2008 : 14:01:38
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quote:
Originally posted by ram
One other thing. I have never been able to work out how they arrive at their figures. The calculations and a clear note of how they arrived at their conclusions are never given. I am talking about the old arithmetic exam advice - SHOW YOUR WORKINGS!!
I needed the money. I was grateful for it. I accepted it AND ACCEPTED IN GOOD FAITH THAT THEY WERE BANG ON THE MONEY!. What a bloody fool I am.
Hello Ram
Can I welcome you to the forum before I explain the workings of the tax credit calculations, which will most probably confuse the majority, so I will try to explain it in the simplest of terms.
Ok, now each tax year will have different element amounts, also threshold levels and also Income disregards. You will have to find these out before you start with any calculation. Also you must take into account any employment change, children under 1yr and over 16yr and calculate each seperatley. For instance if a child turns 16 years old they will be included up to 31/08 of the same tax year. So you would start 06/04 - 31/08 = 148 days, then the remainder of the tax year will be calculated seperatley. Use this link for a calculator which helps you work out different periods.
http://www.timeanddate.com/date/durationresult.html?m1=4&d1=6&y1=2003&m2=08&d2=31&y2=2003&ti=on
Also you need to get the element amounts for each tax year as they change, so do the income disregards and threshold amounts.
So this example below, is for 2003/2004 tax year, there are other elements, ie, disability, 50+, childcare costs, which are not being used in my example.
ELEMENTS
BASIC £1525.00
2ND ADULT £1500.00
30 HOURS £ 620.00
CHILD £1445.00
FAMILY £ 545.00
INCOME DISREGARD £1500.00
INCOME THRESHOLD £5060.00
HOUSEHOLD INCOME £14700.00
- THRESHOLD(5060) = £ 9640.00
x 37% = £ 3566.80 (TAPER)
Now whatever the taper is, is what you must reduce all your elements awarded by. If this amount is more than the elements your family satisfy then the household would be paid the minimum £545.00 - family element.
So if the family, which includes (mum,dad,3 x children. dad works above 30hours, no disability for any in household. Gross income for the year 14700.00, the elements I would satisfy would be.
basic £1525.00
2nd adult £1500.00
30 hour £ 620.00
child £1445.00
child £1445.00
child £1445.00
family £ 545.00
TOTAL £8525.00
less taper £3566.80
amount awarded £4958.20
Hope this helps, please ask any questions I will try my best to answer.
  
Splashin |
Edited by - splashin on 07/04/2008 14:03:07 |
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ram
Rank; Hector Tax Inspector
3 Posts |
Posted - 09/04/2008 : 11:07:14
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| Thank you. This is the first time I have managed to get back on and I do really appreciate your answers. I need a bit of time to digest them....I'll see ow I get on! |
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Content of TC846 and time limits
