Sara2 UE Diary

[ken100464]

Re: Sara2 UE Diary

Which is exactly why I like this approach here - which is never (well almost never) take a creditor to court. What you want to establish is a 'stand off' and then let the alleged debt go statute barred.

Court should be the very very last action. The encouragement of LIP's by armchair warriors is not helping anyones cause as every 'win' against a debtor is another case the banks legal teams can throw at us.

However they do not want to initiate court action as the opposite is also true, but it is a case of picking your battles...........

Totally agree on this. I am watching one at the moment. Was on a small repayment plan. Had PPI to claim. Got encouraged to go down the court route for PPI and last post I read he was now in the position of having a northampton court claim due to defend in 3 days for the full amount and everyone is now saying well you should have thought about your defence before you issued a claim for the PPI.

Doh. He wasnt thinking about a defence because he wasnt defending. Now he is and now he is going to get a CCJ and CO and costs as the PPI hasnt even been upheld.

[Pixie]

Re: Sara2 UE Diary

I guess our story is similar more than you imagined. I too was waiting for tax rebate for the fee ( another mess)

Years ago, I was dreaming to make my online empire business, so I followed all the steps which was advised online, one been to register self employed. I registered but never made any money, in fact I made a loss, and did not file my tax return for years, and it was all too scary for me, and I moved address too.

I then noticed that i was paying more tax, I contacted them I was told that it was for penalty charge for failing to file my tax. It was £1000 for all those years but then I got another penalty for £1300 just for 2011, I called I explained my situation.

I was advised to appeal, and file all my return even if I did not make anything. I was also advised over the phone to just do the 4 years online, and they will let me know if I need to do the rest.

I sent my appeal, and it has been more than a month, I did not hear anything. I also sent secure message online, still nothing, my 1000 penalty will be paid off by April but my salary was restricted for £5000 and now for £3000. I think I have paid more tax than I should even after taken the 1000 pound. I am thinking to send them recorded delivery letter, to let me know what is happening??

When I told the person in the phone, if I have to pay this amount, is there installment plan as I can’t pay them. She said I am advising you to appeal, since you have no tax due, they should look into it, I can’t guarantee the outcome but try.

I'm afraid I don't have a clue about self-employed tax affairs. In my case I was working through various agencies and being taxed at BR by all of them.

I think there's a member who may be able to give you some help. I'll PM him and ask him to have a look...I can't promise anything though...

[SXGuy]

Re: Sara2 UE Diary

I guess our story is similar more than you imagined. I too was waiting for tax rebate for the fee ( another mess)

Years ago, I was dreaming to make my online empire business, so I followed all the steps which was advised online, one been to register self employed. I registered but never made any money, in fact I made a loss, and did not file my tax return for years, and it was all too scary for me, and I moved address too.

I then noticed that i was paying more tax, I contacted them I was told that it was for penalty charge for failing to file my tax. It was £1000 for all those years but then I got another penalty for £1300 just for 2011, I called I explained my situation.

I was advised to appeal, and file all my return even if I did not make anything. I was also advised over the phone to just do the 4 years online, and they will let me know if I need to do the rest.

I sent my appeal, and it has been more than a month, I did not hear anything. I also sent secure message online, still nothing, my 1000 penalty will be paid off by April but my salary was restricted for £5000 and now for £3000. I think I have paid more tax than I should even after taken the 1000 pound. I am thinking to send them recorded delivery letter, to let me know what is happening??

When I told the person in the phone, if I have to pay this amount, is there installment plan as I can’t pay them. She said I am advising you to appeal, since you have no tax due, they should look into it, I can’t guarantee the outcome but try.

Hi Sara, ok this is the thing with HMRC.

If you registered as self employed and fail to submit a tax return, you will receive penalties.

In a lot of cases, they will Determin the amount of tax you owe and bill you for it.

The person you spoke to on the phone is correct when they say you HAVE to file the returns for those years, even if the amount is Nil, because up to 2011, if you had no tax to pay, they would waiver the penalties for late submission.

So im afraid the ONLY way to stop them chasing you for £1000 is to file your tax returns with Nil amounts.

You will need to send an appeal, you should have the information on where to send the appeal on the letters you received notifying you of the penalities, and you will need to explain that you was under the assumption that as no income was earned, you thought you didnt have to send in tax returns for those years, you realise now this is not the case and you have since filed the returns for those years due, showing nil as the income, thus no penalties should be raised for those years.

If you are declined the appeal, let me know and ill explain how you pass it to an independant inspector, who will usually side in favour of your appeal.

Bare in mind, that from 2011 onwards, penalties are charged for non submission regardless of whether any tax is due or not, so on the last tax return you submit, you need to make sure you state the date your business ceased, it will be a box below "date your books are made up to" and will say something like, "if your business ended after 6th April but before 5th April enter the date here"

Im sorry to say you really will need to submit those returns and lodge an appeal, there is no other way im afraid.

[SXGuy]

Re: Sara2 UE Diary

Just read back on what you said, its unlikely they will waiver the £1300 penality for 2011, as i said, it all changed that year, but they will waiver the penalties for previous years.

Having said that, you never know your luck, you may get someone whos nice enough to rid the whole lot.

http://www.hmrc.gov.uk/forms/2009/sa100.pdf
http://www.hmrc.gov.uk/forms/2010/sa100.pdf
http://www.hmrc.gov.uk/forms/2011/sa100.pdf

Not sure how far back your accounts go, but just replace the year in the link to the year it relates.

Print them off in black and white or grey scale, fill in your details on the front page, sign and date the last page.

you will also need to fill in the self employment short pages

http://www.hmrc.gov.uk/forms/2009/sa103s.pdf
http://www.hmrc.gov.uk/forms/2010/sa103s.pdf
http://www.hmrc.gov.uk/forms/2011/sa103s.pdf

You need to print them off in black and white or grey scale, DO NOT print in colour or they will be rejected.

Im not sure if you can send them along with your appeal or not, you may have to ring HMRC and ask where to send them.

[sara2]

Re: Sara2 UE Diary

Hi Sara, ok this is the thing with HMRC.

If you registered as self employed and fail to submit a tax return, you will receive penalties.

In a lot of cases, they will Determin the amount of tax you owe and bill you for it.

The person you spoke to on the phone is correct when they say you HAVE to file the returns for those years, even if the amount is Nil, because up to 2011, if you had no tax to pay, they would waiver the penalties for late submission.

So im afraid the ONLY way to stop them chasing you for £1000 is to file your tax returns with Nil amounts.

You will need to send an appeal, you should have the information on where to send the appeal on the letters you received notifying you of the penalities, and you will need to explain that you was under the assumption that as no income was earned, you thought you didnt have to send in tax returns for those years, you realise now this is not the case and you have since filed the returns for those years due, showing nil as the income, thus no penalties should be raised for those years.

If you are declined the appeal, let me know and ill explain how you pass it to an independant inspector, who will usually side in favour of your appeal.

Bare in mind, that from 2011 onwards, penalties are charged for non submission regardless of whether any tax is due or not, so on the last tax return you submit, you need to make sure you state the date your business ceased, it will be a box below "date your books are made up to" and will say something like, "if your business ended after 6th April but before 5th April enter the date here"

Im sorry to say you really will need to submit those returns and lodge an appeal, there is no other way im afraid.

Thank you pixie,

Thank you SXguy, that is the thing, I have filed all the returns I can do online, which are 4 years, the rest I can’t do online, and they need to send me the paper format to do them but they have not replied.
I have explained to them my stupidity, and I hoped for the best but they seem to be too slow. Even my husband started self employment, he registered but still we have not received any thing from them, his tax reference number.

[sara2]

Re: Sara2 UE Diary

Just read back on what you said, its unlikely they will waiver the £1300 penality for 2011, as i said, it all changed that year, but they will waiver the penalties for previous years.

Having said that, you never know your luck, you may get someone whos nice enough to rid the whole lot.

http://www.hmrc.gov.uk/forms/2009/sa100.pdf
http://www.hmrc.gov.uk/forms/2010/sa100.pdf
http://www.hmrc.gov.uk/forms/2011/sa100.pdf

Not sure how far back your accounts go, but just replace the year in the link to the year it relates.

Print them off in black and white or grey scale, fill in your details on the front page, sign and date the last page.

you will also need to fill in the self employment short pages

http://www.hmrc.gov.uk/forms/2009/sa103s.pdf
http://www.hmrc.gov.uk/forms/2010/sa103s.pdf
http://www.hmrc.gov.uk/forms/2011/sa103s.pdf

You need to print them off in black and white or grey scale, DO NOT print in colour or they will be rejected.

Im not sure if you can send them along with your appeal or not, you may have to ring HMRC and ask where to send them.

aw you are a star, I could hug you all

[SXGuy]

Re: Sara2 UE Diary

Hi Sara, check my post above yours, ive included the links to the returns that you can download and print off yourself, so dont wait for them to send you them.

If your other have has registered as self employed but not yet received his UTR number you can do 1 of 2 things.

When sending his self assessment in, just write UNKNOWN in the Tax Reference space, or telephone them and ask what it is.

[SXGuy]

Re: Sara2 UE Diary

LOL looks like our posts keep crossing.

Good luck, let me know if you get stuck.

[sara2]

Re: Sara2 UE Diary

Just read back on what you said, its unlikely they will waiver the £1300 penality for 2011, as i said, it all changed that year, but they will waiver the penalties for previous years.

Having said that, you never know your luck, you may get someone whos nice enough to rid the whole lot.

http://www.hmrc.gov.uk/forms/2009/sa100.pdf
http://www.hmrc.gov.uk/forms/2010/sa100.pdf
http://www.hmrc.gov.uk/forms/2011/sa100.pdf

Not sure how far back your accounts go, but just replace the year in the link to the year it relates.

Print them off in black and white or grey scale, fill in your details on the front page, sign and date the last page.

you will also need to fill in the self employment short pages

http://www.hmrc.gov.uk/forms/2009/sa103s.pdf
http://www.hmrc.gov.uk/forms/2010/sa103s.pdf
http://www.hmrc.gov.uk/forms/2011/sa103s.pdf

You need to print them off in black and white or grey scale, DO NOT print in colour or they will be rejected.

Im not sure if you can send them along with your appeal or not, you may have to ring HMRC and ask where to send them.

Looking at them, I have done these I need 2005-2006
2006-2007, and 2007-2008. These I can't find, is there a way finding them or only sending letters to them?

[sara2]

Re: Sara2 UE Diary

I buried my head in the sand far too long to please creditors, when I called the tax office, I was terrified they will put me in prison, when I spoke to them I was really shocked they were nice, and encouraged me to appeal even though I thought I did not deserve an appeal, that why I told the person what if they refuse? she then told me I am advising you to do an appeal.

I left doing things far too long, as with all the credit payments I was paying, I did not have a spare for anything. There was no money for emergency; my bank account was a transit stop for my salary before it gets to them.

Thinking of bankruptcy was great, as it has opened my eyes, if I decided to go bankrupt what is the worse can happen?? I don’t have it, I can’t pay it. You can trash my precious credit file!

Thank you again for been nice and not judgmental

[Mehim]

Re: Sara2 UE Diary

Hi Sara 2,

You are in good hands here. Niddy and the team are miricle workers. I too was getting swamped with calls but the telephone harassment letter stopped them all in their tracks.

The tax rules regarding penalties were changed sometime last year. I was told the £1300 was non refundable but all the previous penalties would be returned if I was not due any tax for the years in question.

Chin up and take control back.

[SXGuy]

Re: Sara2 UE Diary

Hi Sara

I think the time limits for tax returns 2006 and 2007 and 2008 may have passed, so it maybe unlikely they will accept those submissions now.

But its still worth a try, you never know.

I cant seem to find anywhere online that still have these returns for you to download.

If you can wait until Monday morning i will be in work and will be able to attach pdf's of those returns here for you to download.

[sara2]

Re: Sara2 UE Diary

Thank you Mehim, well I came back home to find letter from HRMC, they said sorry but NO, appeal refused.

SXguy, Thank you, yes I will wait till Monday, I want to file the missing ones, if they do not take them it is up to them. I just want to close the matter, and get my salary without restrictions.

[SXGuy]

Re: Sara2 UE Diary

Was the letter refusing you a right to an appeal, or a rejection of an appeal you made?

Can you clarify what the letter said, there still may be other avenues you can take but i wont know until i know the content of the letter.

[sara2]

Re: Sara2 UE Diary

Was the letter refusing you a right to an appeal, or a rejection of an appeal you made?

Can you clarify what the letter said, there still may be other avenues you can take but i wont know until i know the content of the letter.

Thank you,

Yes, it was a rejection letter. They say this reasonable excuse must be an unexpected or unusual event, either unforeseeable or beyond your control, which continued for the 30 days beyond receipt of the penalty notice.
and goes to say if i was able to manage the rest of my private life, then that does not apply to me, if I do I can write back.
..............

I am thinking to write back, explaining my money situation, which was worse this year because my husband could not find a job for 6 months, I was not living, I was like walking zombie with all the debts that I had plus the added pressure.

I spoke to both CAB and step change recently, which recommended bankruptcy, I could also include my last bank statement which prove my hardship case, and that I was not in the right frame of mind.