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The BBC has this article on what you can do if you get one of these letters which has been in the news from the tax office. It is expected that around 6 million of us will get a letter between now and Christmas. It is more likely to affect those who have moved from one job to another, have more than one job, or have a pension and a job. It is less likely that people who have been in the same job over the past couple of years will be affected.

Although I am an accountant and have some knowledge of the tax system in the UK, I cannot start giving advice to people on this forum as I would need to have far too much confidential information which no-one should put on a public forum or even in a PM.

Tax letters: How to deal with a claim

Wage slip The problems are likely to affect many thousands of people

The holiday season ends, the kids go back to school and then the tax problems begin. Things seem back in their old routine.

However, the big problem with this tax issue is that this is not a flippant situation if you are one of the many who may have underpaid tax.

If you have overpaid, well, you are in a fortunate position and will generally feel quite pleased about the taxman paying you for once.

That is, of course, until it dawns on you that if you had not been over taxed for the last couple of years, then that loan you took out to get a new kitchen or car might not have been necessary after all.

Why it happened

The reason behind the current problem is that the Pay As You Earn (PAYE) system was created in the 1940s when people had much simpler work patterns.

They tended to stay in the same job year after year, if not from school, for the rest of their lives.

Today, some of us juggle two or more part-time jobs, or change jobs more frequently. Many now receive tax credits.

The computer architecture at HM Revenue and Customs (HMRC) has not been able to keep up efficiently with such a continuously changing environment.

But new technology at HMRC has been able to get up to speed - and has found that a lot of people were paying the wrong amount of tax.

I want to inject some sanity here among the panic.

Most of us will not have a tax problem, so do not start losing sleep. But if you find you receive a form from HMRC then you need to deal with it.

The process

HMRC started sending the form P800 tax calculations for 2008-09 and 2009-10 to taxpayers from 6 September. This process will continue until January 2011.

Chas Roy-Chowdhury Chas Roy-Chowdhury says that people should not panic

The forms will only be sent to taxpayers who have paid too much or too little tax. If you use an accountant they will not receive a copy of the form and you will need to contact them if you want them to help you sort things out.

The form P800 will show your total income and the allowances that are due to you for each of these two years.

As already mentioned and I emphasise again, not everyone will get a calculation, only those who HMRC claims have paid too much or too little tax.

If you receive a calculation, it is important you check it to make sure you agree with the information included. If you agree with the calculation you do not need to do anything, but keep it safe.

Please make sure you read the notes that came with the calculation as these will help you understand what it means. You can read the notes online by going to www.hmrc.gov.uk/P800.

HMRC deals with issues differently:

  • If you have paid too much tax, HMRC will automatically send you a repayment, usually within a week
  • If you have paid too little tax and the underpayment is under ÂĢ2,000, HMRC will automatically include the amount you have underpaid in your tax code for 2011-12. This spreads the collection of the underpayment throughout the year
  • If the underpayment is under ÂĢ2,000, but the coding deduction causes hardship, you can ask for the underpayment to be included in your tax code over a longer period
  • If the underpayment is ÂĢ2,000 or more, HMRC will write to you and ask for direct payment. You should contact HMRC on 0845 3000 627 if you wish to discuss a repayment schedule

HMRC may forgo collection in very limited cases. There are specific, limited, circumstances in which HMRC can agree to forgo collection of an underpayment where information they held was not used at the right time.

There are details on the HMRC website at http://www.hmrc.gov.uk/esc/esc.htm. Broadly the situation would be that HMRC should have used the information provided within 12 months after the end of the tax year in which it is received.

You should read the link to the website and if you think this applies to you, or you need further information, contact HMRC on 0845 3000 627.

What next?

If you do not agree with something included in the tax calculation, you can contact HMRC on 0845 3000 627 or you can write to HMRC at the address shown on the calculation.

One would hope that after this current problem HMRC will put in place a greater emphasis on capturing tax information and acting upon it in a timely manner, which the new IT architecture is meant to do.

But it may also mean a greater emphasis on asking more of us for some form of "tax return", such as a one page form for example.

While this may not be welcome, or whatever other solution is planned, it at least would mean we are not revisited by this sort of dire problem again.

But looking ahead, whatever happens, we need to be able to trust the tax system.

The opinions expressed are those of the author and are not held by the BBC unless specifically stated. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.

 


Replies sorted oldest to newest

El Loro as the mistake was theirs, the tax people, and not the taxpayers, is it enforceable do you think? As we all know the PAYE system is supposed to mean just that, you pay what your tax code is calculated to recover.  If they made a mistake on your tax code should they then be allowed to lumber you with the debt?  Your advice would be much appreciated for everyone.
squiggle
Squiggle, if you read my posting above you will see that sometimes the tax office will write off the tax, but only in limited cases. The seconf link shown above sets out the circumstances.

Of course, the adverse publicity which the tax office is getting from this may force it to take a more gentle approach, but with the government finances in the state they are in, I can't see them being too gentle.

One point which was mentioned on the radio this morning is that anyone who gets a demand, but is on benefits may find that if their benefits are based on their net earnings, then if they have to pay back tax so that their net earnings decrease, they may be able to get more benefits.
El Loro
Another point which was on the news is that there is a warning that criminals may use this to send out fraudulent letters to people demanding money. In many cases, the tax office will try to build the unpaid tax into your tax code. The criminals would not do this as they would not be able to get your money this way. They would demand the tax outright. So if anyone gets a demand to pay tax outright which they are not expecting, get it checked out - don't just pay it without making sure it is genuine.

And if you get an email from the tax office saying that they have checked your tax affairs, that you have underpaid tax, so please click on this link to arrange payment - this is definitely a scam - the tax office do not send emails - this is a scam which has been around for some time.
El Loro
Last edited by El Loro
And another point is that anyone who completes a tax return each year should not get one of these letters from the tax office. Even if your tax code has been wrong, the tax return system should correct things so that you should have paid the right amount of tax.

So anyone who does complete a tax return should get in touch with their advisor or the tax office if they do get such a letter.
El Loro
Reference:
If they made a mistake on your tax code should they then be allowed to lumber you with the debt?
There has been loads of discussion about why should they demand the money back if they made a mistake, but what about all the people who over paid because of the same mistake, they should get it back.

It's a really really crappy situation.
Cinds
Reference:
There has been loads of discussion about why should they demand the money back if they made a mistake, but what about all the people who over paid because of the same mistake, they should get it back. It's a really really crappy situation.
Yet again, Joe public gets screwed, whatever the situation.........your life in their hands
FM
Regarding the postings about having changed job in the last year. When someone leaves a job, their employer should have given them a P45 which the person should have passed to the new employer when they started. So hopefully in that situation, the person will have paid the right amount of tax. But for anyone in this situation who has what is called a week 1 or month 1 tax code, there is a possibility that the wrong amount of tax will have been deducted BUT it is more likely that this person will get a refund rather than having to pay tax. This is probable where there has been a gap between the old and the new job.

People can tell if they have a week 1 or month 1 tax code by looking on their year end P60. If there is an X by the tax code this means it is a week 1/month 1 tax code.
El Loro
I got clobbered by the tax man years ago cos I didn't inform the tax man about a company car. (I thought the employer was supposed to do it). Fair enough, I paid that off. Then I got clobbered again cos pay roll hadn't informed the tax man of something or other. When I tried to complain about that one, HMRC's stance was that I'm the one who benefited from the error (even though it wasn't me who made the error), so I still have to pay it back.

I'd be surprised if they changed that view with these latest lot of cock-ups. I still believe your cash is safest kept under the mattress, where no-one can get it, charge interest on it or ask for it
Karma_
Isadora, assuming that your main job pay enough to cover your personal allowance (currently ÂĢ6475), that your parttime job is being taxed in full using the BR tax code (BR = Basic Rate means that 20% tax is being deducted), and that your total gross income isn't high enough to go into the 40% tax band (it would need to be over ÂĢ43,875 to do this), then you are probably paying the right amount of tax. But other things such as having a company car would affect this so I can only generalise. But see my warning above about the use of the week 1/month 1 tax code.
El Loro

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