Income Tax problem.......

[GhostRider]

Mornin,

So I popped into my local tax office the other day to try and reclaim the £300 they owe me. Perhaps best to give some quick background:

One day I got a letter from the IR saying I had underpaid tax, their calculation was shown that they had included £887 as part of my income, which came under the title "Benefits in kind". This was attributed to a trip to Germany I took with my old company to attend a 3 day seminar, so I'm guessing this covered flight, hotel and the seminar itself. However, this money was never paid to me, it never entered my bank account, I never even knew the amount it cost until the tax letter came through my door.

So, I called up the IR, they said I needed to get in touch with my old company. Which I did, and they replied by saying that the funds were recieved in line with duties and therefore I was not eligible for tax on them. They included a form P11D with this.

I call the IR back up, tell them what I was told, and they said yes, but look at the P11D, and theres a section where it states the amount, and a box where it says something like "taxable or non-taxable", your old company has ticked this as "Taxable", whereas if what they are saying is true, it should not be ticked, so YOU have to get your company to send us an amended P11D.

Simple enough, I think, so I write back to my old company and ask them to amend the P11D. Give it a couple of months since I know things don't occur quickly, then go into the tax office to fill in my form to claim back.

Im basically put back on the phone to someone, they tell me they've recieved nothing from the old company. I explain the previous history, and they just said well theres nothing we can do.

"Excuse me?" says I. They said that since, by their account, there is no error in their calculations, and it's me who's disputing the underpaid tax, then theres nothing they can say to my old company to request they send an amended P11D. I said right then, by that logic, what you are saying is that any company, at any time, can assign amounts of money to their employees and label them as "Benefits in Kind" such that they are taxed for it, and not the company itself, thus committing tax evasion, and are then free to ignore disputes by those employees and get away with it, since you will do nothing to try to resolve it?

After a few silent seconds he said "errrm.... please hold". After a minute or two he came back saying he;d spoke to his manager and that basically I had to put it in writing and send it in.

Well, to me thats just getting fobbed off and my letters will reside in the depths of the tax office inbox for time immemorial, at least thats what they hope, god forbid they actually do their job properly.

So what the hell can I do now? I honestly don't believe putting this in writing is going to solve anything, and that it will make this drag on for months. Who do I go to, CAB?

Any advice appreciated.

Cheers,

GhostRider
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I have all the characteristics of a human being: blood, flesh, skin, hair; but not a single, clear, identifiable emotion, except for greed and disgust. Something horrible is happening inside of me and I don't know why. My nightly bloodlust has overflown into my days. I feel lethal, on the verge of frenzy. I think my mask of sanity is about to slip.

[iooi]

Go back to your old employer in person and ask that they fill the form in correctly, take it and send it in yourself.....

Jobs a goodun


I can see what you are saying, but look at it from the IR side..... Anyone could ring up and say anything to them, and attempt to claim....
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Just because my bike was A DIVVY, does not mean i am......

[Itchy]

I might be in a seedy hotel in turkey which appears to be a brothel on the side but ill help.

But you live in the uk technically Everything even the mints and tea bags your comapny provides is taxable as a benefit Im not kidding technically if your boss gives you a crisp you have to declare it such is the harshness of uk taxes , but its not enforced luckily.

You do not need to have recieved cash just the benefit monetary value to have been deemed to have received the benefit in kind its what it sounds like , you got a benefit but not in cash in kind.

But you can state that the trip was wholly and fully for the performance of your duties and was not a benefit in kind.

The trick here is to say that you had to work on this trip and did not get any ancillary time ontop of the working time ie airport seminar airport nowt more.

If you had a p11d benefit you must have been given a copy of the p11d go to your old company and ask for it. 8f they have declared it as a bik dispute it and it will get the comapny into trouble and a two fifty fine use this as ammo.

But the issue is the old company may have changed it to a benefit in kind if you left within a specified period ie accountant students often have to pay back their training if they leave before three years.

so check your contract carefully

regards
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[GhostRider]